logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.04.04 2018구단749
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 7, 2016, the Plaintiff filed an application with the Defendant for refugee status recognition as a foreigner of the nationality of the Republic of Uzbekistan (hereinafter referred to as “ Uzbekistan”).

B. On September 6, 2016, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff was a person with a well-founded fear that the Plaintiff might be injured.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on September 23, 2016, but the Minister of Justice dismissed the objection on December 7, 2017.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's fee

In addition, while staying in the Republic of Korea, the Plaintiff entered into a de facto marital relationship with another woman of Uzbekistan nationality.

In this situation, if the plaintiff returned to Uzbekistan, it is likely that the plaintiff will be stuffed from the relatives by marriage.

B. Article 2 Subparag. 1 of the Refugee Act defines “Refugees” as “foreigners who are unable or do not want to be protected by the country of nationality due to well-founded fear to recognize that their status as a member of a certain social group or political opinion, or who, due to such fear, cannot return to or do not want to return to the country in which they had resided before entering the Republic of Korea.”

According to this, in order to be recognized as a refugee, the refugee applicant first claims for refugee status.

arrow