logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.04.28 2020구단1547
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the disposition, the following facts are: (a) the Plaintiff’s nationality Kazakhistan Republic of Korea entry date of February 28, 2017; (b) refugee status exemption (B-1) refugee status exemption (hereinafter “instant disposition”); (b) the date of the application for refugee status recognition (hereinafter “instant disposition”) on March 28, 2017; (c) the date of the application for refugee status exemption; (d) the date of the decision on June 4, 2018; and (e) there is no dispute that there is no ground for rejection of the decision of the decision of October 18, 2018 as of the date of the application for objection; (d) the records in subparagraphs 1 through 4, 1, and 2, and the purport of the entire pleadings; and (e) the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is hydropatha, and the person C, who appears to be B on December 14, 2016, called “C,” was the member of his/her authority, taking into account the relevant books, and the Plaintiff refused it, and upon refusal of the request, the number of inferers assaulted and threatened the Plaintiff.

In order to avoid such a threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the application for recognition of refugee was filed is unlawful.

B. (1) 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 on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

Sheshes, even based on the plaintiff's argument, C and the person who threatened the plaintiff receives the letter of apology.

arrow