logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.12.04 2019구단68674
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 4, 2017, the Plaintiff entered Korea as a foreigner of the nationality of the Republic of Austria (hereinafter referred to as “ASEAN”) as a short-term visit (C-3) and applied for recognition of refugee status to the Defendant on December 15, 2017 (hereinafter referred to as “instant application”).

B. On February 25, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on March 15, 2019, but the Minister of Justice dismissed the objection on May 27, 2019.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap's evidence of subparagraphs 1 through 4, and Eul's evidence of subparagraphs 1 through 4, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has caused a dispute between the plaintiff's three villages due to inheritance problems caused by the death of the plaintiff's reference in Ageia, a nationality country.

As a result, the plaintiff's three villages assaulted the plaintiff and threatened the plaintiff with murder.

Therefore, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status even though it is likely to threaten his/her life when the plaintiff returned to Austria is illegal and thus should be revoked.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” means a foreigner who is unable or does not want to be protected in his country of nationality due to well-founded fear to recognize that he is likely to be detrimental on the ground of race, religion, nationality, membership of a particular social group, or political opinion.

arrow