logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.06.17 2020구단57298
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 October 10, 2006, the Plaintiff returned to the Republic of the Philippines after entering the Republic of Korea for the first time with the status of stay of E-9 (Non-professional employment) on October 10, 2006, and returned again to the Republic of Korea on January 1, 2017.

B. On January 5, 2018, the Plaintiff filed an application for refugee status with the Defendant, but the Defendant, on July 29, 2019, issued a disposition to recognize refugee status inasmuch as the Plaintiff’s assertion against the Plaintiff does not constitute “a well-founded fear of persecution” under Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition on August 9, 2019 and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the objection on December 23, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1 or 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On April 1997, the Plaintiff asserted that the Plaintiff joined and worked for “B” corporation located in the Philippines. Around January 2006, the Plaintiff’s employees, including the Plaintiff, were engaged in demonstration since March 2006 by setting the policy to recognize workers’ work experience and to pay wages in the said company.

On September 9, 2006, the company mobilized violent vessels to assault participants in the demonstration, and dismissed approximately 30 persons who participated in the demonstration on or around September 9, 2006.

On December 20, 2016, the Plaintiff entered the Republic of Korea to avoid the threat of murder of violent vessels at the time, and returned to the Philippines on December 20, 2016, and the rates that were dismissed at the time occurred, where the victims of violence employed by the said company were involved in the accident.

Accordingly, on January 1, 2017, the Plaintiff entered the Republic of Korea on January 1, 2017.

Therefore, when the plaintiff returns to the Philippines, he/she is threatened with life and body.

arrow