(영문) 서울행정법원 2018.04.05 2018구단3984

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울행정법원 2018.04.05 2018구단3984

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 April 6, 2016, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of Kazakhstan and stayed in the Republic of Korea as a visa exemption (B-1) status, and applied for refugee status to the Defendant on August 17, 2016.

B. On June 12, 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 26, 2017, but the objection was dismissed on December 7, 2017, and the Plaintiff received a notice of dismissal decision on January 16, 2018.

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

2. Whether the instant disposition is lawful

A. The Plaintiff, as the Plaintiff’s assertion, was in receipt of the Plaintiff’s request for the opening of Kazastan in the Kazastan, and subsequently, was threatened with the Mastan.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner includes a threat to life, body or freedom.

참조조문

-난민법 제2조 제1호

유사 판례

-서울행정법원 2018.07.19 2018구단62242

-서울행정법원 2018.02.26 2018구단794

-서울행정법원 2019.01.31 2018구단24028

-서울행정법원 2017.06.29 2017구단57496

-서울행정법원 2018.11.29 2018구단20392