logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.05.25 2017구단54619
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 September 13, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on September 13, 2015 and stayed, and applied for refugee recognition to the Defendant on September 17, 2015.

B. On January 25, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 February 29, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on March 3, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a member of the U.S. Jindo, and the Plaintiff refused to accept the request of the Muslim, a Islamic armed force, and was threatened with murder by his assistant. For this reason, the Plaintiff’s son died.

Therefore, even though the Plaintiff’s status as a member of a religious or social group constitutes a refugee suffering from persecution, the Defendant’s disposition taken on a different premise is unlawful.

B. (1) Determination (1) Article 2 subparagraph 1 of the Refugee Act, and Article 2 subparagraph 1 of the Refugee Act mean a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, is unable or does not want to be protected from the country of nationality, or who, due to such fear, cannot return to or does not want to return to the country in which he had resided before entering the Republic of Korea.

arrow