logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.09.20 2017구단66551
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. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on October 8, 2016, and applied for refugee recognition to the Defendant on October 25, 2016.

B. On November 3, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on December 9, 2016, but the Minister of Justice dismissed the objection on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Around 2006, the Plaintiff’s Plaintiff’s assertion began to set up a house in a high-speed village, and the construction was interrupted due to the Plaintiff’s lack of health due to the lower share of the Plaintiff’s white part.

The plaintiff visited the above high village around 2012, and was threatened to die if he participated in the house which was put up by the white part.

On April 14, 2014, the plaintiff's father died due to the bomb bomb terrorism, and thus, it is likely that the plaintiff will be harmed if he returns to his own country.

For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners or foreigners who are not entitled to protection of their nationality or do not want protection of their country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

arrow