logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.09.16 2020구단67349
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, a foreigner with the nationality of Pakistan, entered the Republic of Korea on August 7, 2017, with the status of stay for a short-term visit (C-3).

B. On August 31, 2017, the Plaintiff applied for refugee status to the Defendant. However, on March 22, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 26, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's wife, who had a religious faith of the plaintiff's argument, was married to the plaintiff's non-slock that the plaintiff believed before the marriage.

However, in the case that the plaintiff's wife was opened, the wife attempted to kill the plaintiff several times, and in this situation, the plaintiff could be killed from the wife in case that the plaintiff returns to the Republic of Korea due to Pakistan.

Notwithstanding the above circumstances, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful and thus should be revoked.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act. Meanwhile, the requirements for recognition of refugee status are met.

arrow