logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.05.22 2018구단75873
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The circumstances leading up to the decision on refugee non-recognition: (a) the Plaintiff entered the Republic of Korea on a short-term visit (C-3) on August 18, 2016 with Ethiopia’s nationality as a student of Ethiopia’s B; and (b) on August 23, 2016, filed an application for refugee recognition on the ground that “The Plaintiff may be threatened if he/she returned to Ethiopia because he/she refused the demand of the employee to join the Ethiopia.”

② On February 5, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff cannot be deemed to have satisfied the requirements for recognition of refugee status under the Refugee Act.”

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The Plaintiff asserted that while working at a public health clinic, the Plaintiff rejected the request of the head of the personnel department in charge of the personnel affairs and dismissed the monthly salary without promotion. While the employees who were unfairly treated in the workplace were gathered together, they did not engage in any activity opposing such situation, they could not be employed in another workplace.

As such, on the ground that the Plaintiff did not support the party of nationality, resulting in a situation in which it is impossible to maintain his livelihood as the name of the government of the country of nationality, and the Plaintiff entered the Republic of Korea and applied for recognition of refugee status of this case.

Therefore, the Plaintiff constitutes a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that the Plaintiff is able to be injured on the ground of political view or a member of a specific social group, and thus, the instant disposition that did not recognize the Plaintiff as a refugee should be revoked in an unlawful manner.

3. The plaintiff 1.

arrow