logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.07.17 2018구단10906
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 October 1, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on the short-term visit on October 1, 2016, and applied for refugee status to the Defendant on December 16, 2016.

B. On April 21, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on May 4, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On February 2009, the Plaintiff’s Plaintiff’s assertion and the male and female students were killed due to the neighbors’ lack of conflict over the Plaintiff’s land ownership. On February 2018, the Plaintiff’s mother and the female students were killed.

If the plaintiff returns to a nationality country, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could murder due to a neighbor's shortage, such as other family members, is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 of the 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 to be protected of the country of nationality or do not want the protection of the country of nationality, or who, owing to such fear, are unable to return to the country in which they resided before entering the Republic of Korea, or want to return.

arrow