logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.05.24 2019구단4267
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 July 14, 2016, the Plaintiff entered the Republic of Korea with the nationality of the Republic of Pakistan (Islaistan (hereinafter “Skistan”), and applied for refugee status to the Defendant on July 28, 2016, with the short-term visit (C-3) sojourn status.

B. On September 5, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear that would be subject to persecution” as a requirement of refugee under 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”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on September 26, 2017, but the Minister of Justice dismissed the objection on February 14, 2019.

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

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he had a threat to his body, such as assaulting the family members of his spouse who opposed to his marriage, left the Republic of Korea, and then applied for refugee status.

If the plaintiff returned to his own country, he may be threatened with his life from his family members, and even though the plaintiff is unable to obtain the protection of his country of nationality or does not want to receive the protection, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked as unlawful.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, and it is not possible to protect the country of nationality due to well-founded fear to recognize that the status, treatment, etc. of refugees may be harmed for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

arrow