logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.05.24 2018구단183
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. The Plaintiff entered the Republic of Korea on April 27, 2016, as a foreigner of the nationality of the People’s Republic of Bangladesh (People’s Republic of Bangladesh) (hereinafter “People”), with C-3 (short-term Visit) sojourn status.

B. On August 9, 2016, the Plaintiff filed an application for refugee status with the Defendant. On September 27, 2016, the Defendant rendered a disposition for refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a possibility of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 25, 2016, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion has been working as a member of the Party B (B; hereinafter “B”) from around 2003. The Plaintiff’s assertion is currently unstable at present, and the Government and the Party C (C; hereinafter “C”) under the influence of the Party.

If the plaintiff returns to the Republic of Korea, which is a home country, there is a concern that the government and the ruling party C may be threatened with life or physical freedom.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act recognizes that refugee status may be respected on the ground of race, religion, nationality, status as a member of a specific social group or political opinion.

arrow