logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.11.15 2019구단14554
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. The Plaintiff is a foreigner of Pakistanan nationality.

On January 20, 2017, the Plaintiff applied for refugee status to the Defendant on January 25, 2017, which was after the expiration date of the period of stay ( January 20, 2017), when entering and staying in the Republic of Korea for a short-term visit (C-3) sojourn on a short-term basis.

B. On January 31, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) 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 March 2, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on May 27, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the summary of the Plaintiff’s assertion, the Plaintiff demanded the Plaintiff to pay money in around 2014, and the Plaintiff stolen the Plaintiff’s Trackter who did not pay money.

After that, around June 2015, the Plaintiff assaulted the Plaintiff that did not pay money, and subsequently threatened the Plaintiff with his intention not to pay money.

Therefore, even though there is a well-founded fear that the Plaintiff would suffer from persecution when returning to Pakistan, the disposition of this case by the Defendant who did not recognize the Plaintiff as a refugee should be revoked because it is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall have sufficient grounds for persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion.

arrow