logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.11.14 2019구단13957
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 November 3, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality of Kazakhstan (B-1) sojourn status of the Tourism Department (B-1).

B. On November 28, 2017, the Plaintiff applied for recognition of refugee status to the Defendant. However, on April 12, 2019, the Defendant rendered a decision to deny 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 filed an objection with the Minister of Justice on May 8, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was forced from June 2015 to repent into “B” religion.

The plaintiff's refusal of the opening of species assaulted the plaintiff and threatened the plaintiff with the knife around December 2016.

The Plaintiff lived with the Egyptian house located in C from February 2016 to October 2017, and the Plaintiff continued to contact with the Plaintiff while communicating with the Plaintiff.

In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.

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, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

arrow