logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.05.16 2018구단20607
난민불인정처분취소
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 December 9, 2016, the Plaintiff entered the Republic of Korea as a foreigner with Egypt nationality, and applied for refugee status to the Defendant on April 11, 2017.

B. On May 12, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on May 16, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 30, 2013, the Plaintiff’s summary of the Plaintiff’s assertion demanded that the slick-type model, which was hidden by the Plaintiff’s work at the time of the Egypt Revolution, appear to go home, and applied for refugee recognition because he could not return to the Republic of Korea due to the Egypt after being threatened by the slick-type model group. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of a refugee refers to serious infringement of the inherent human dignity, including threats to life, body, or freedom.

arrow