logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.03.22 2016구합68084
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 August 7, 2012, the Plaintiff, as a foreigner of the nationality of the Republic of ASEAN (hereinafter referred to as “ASEAN”), entered the Republic of Korea on August 7, 2012 (A-3 and the period of stay of 30 days) and stayed in the Republic of Korea, and filed an application for refugee status against the head of the Seoul Immigration Office on January 31, 2013 while under a deportation order issued on October 24, 2012, the Plaintiff filed an application for refugee status on January 31, 2013, but the head of the Seoul Immigration Office rendered a decision on April 9, 2013 on the ground that the Plaintiff does not constitute a case where there is a well-founded fear of persecution.

The Plaintiff filed an objection against the Minister of Justice on May 10, 2013, but the said objection was dismissed on December 23, 2013.

B. The Plaintiff filed a lawsuit against the head of the Seoul Immigration Office seeking the revocation of the above decision on refugee non-recognition.

On July 25, 2014, the Seoul Administrative Court rendered a judgment dismissing the Plaintiff’s claim on the ground that “it is difficult to see that the Plaintiff is a threat to gambling even if he/she returns to ASEAN” (2014Guhap54028), and the Plaintiff’s appeal (Seoul High Court 2014Nu61233) and appeal (Supreme Court 2015Du41982) were dismissed, respectively, and the above judgment became final and conclusive.

C. On January 6, 2016, the Plaintiff applied for refugee status again against the Defendant. However, on June 20, 2016, the Defendant rendered a decision to recognize refugee status pursuant to Article 18(2) of the Refugee Act (hereinafter “instant disposition”) on the ground that there is no “sufficient fear of persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 and 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion was born in Naria's B Village (BV) and his parents immediately after birth.

arrow