logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.05.16 2017구단37836
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 January 31, 2015, the Plaintiff filed an application for refugee status with the Defendant on March 29, 2016, while entering the Republic of Korea for non-professional employment visa (E-9) and staying there.

B. On May 2, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff 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 (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 June 1, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion was that, as a support for Rastriya Jamba NPal political party (hereinafter “RJN”), the Plaintiff was subject to assault and intimidation on the ground that the Plaintiff continued to become a member of Rtriya Prajanty (hereinafter “RP”) who is a political party in conflict with the Plaintiff, was forced to pay the contributions and to refuse to do so.

Therefore, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even if the possibility that the plaintiff would be affected by gambling when the plaintiff return to the country of nationality is high.

B. In full view of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, determination 1 does not allow the protection of the country of nationality or want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

arrow