logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.10.26 2017구단70451
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 8, 2016, the Plaintiff filed an application for refugee recognition with the Defendant on December 8, 2016, after entering the Chinese People’s Republic (hereinafter “China”) as a foreigner of nationality, and entered the Republic of China as a short-term visit (C-3) sojourn status on December 7, 2016.

On December 28, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “each of the instant dispositions”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be detrimental to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

On January 17, 2017, the Plaintiff filed an objection with the Minister of Justice on January 17, 2017, but was dismissed on the same ground as of July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1, 2, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff is a trainee of Pakistan, and thus, if he returns to his home country, he is likely to be injured by the Chinese official security authority.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who is unable or does not want to return to the country of nationality, and “persecution” which is the requirement for recognition of refugee should be recognized as a refugee.

arrow