logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.07.06 2018구단9272
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 February 4, 2016, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on February 4, 2016, and applied for refugee status to the Defendant on August 8, 2016.

B. On June 26, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to 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 a requirement of refugee under 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 July 10, 2017, but the said objection was dismissed on the same ground as March 21, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1, 2 and 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is under threat on the ground that the plaintiff was recommended from the person who was not the party in question, but rejected the recommendation.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. Determination 1) “Refugee” refers to any act causing serious infringement of or discrimination against essential human dignity, including threats to life, religion, nationality, status as a member of a particular social group, or political opinion, and thus, a foreigner who is unable or does not want to be protected by the country of his/her nationality due to well-founded fear that he/she is likely to be detrimental to the protection of the country of his/her nationality, or a foreigner who is not able to return to, 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). 2 of the Refugee Act).

arrow