logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.03.21 2018구단2028
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On March 30, 2017, the Plaintiff, a foreigner of the nationality of the Russia Federation (hereinafter referred to as “ Russia”), entered the Republic of Korea as a sojourn status for visa exemption (B-1 and 60 days of sojourn) and applied for refugee status to the Defendant on May 26, 2017.

B. On November 29, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution, which is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On February 22, 2018, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the decision on September 14, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful inasmuch as the Plaintiff mainly performed duties in the detention room from around 2002 to May 2004 at the time of serving as a police officer, and he committed assault against the Plaintiff after being released from the prison in around September 2007 and around September 2016, since there is sufficient concern that the Plaintiff would be subject to gambling when returning to the Republic of Korea from Russia, and the instant disposition that did not recognize it on a different premise is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

(1)

arrow