(영문) 서울행정법원 2017.08.31 2017구단19524

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울행정법원 2017.08.31 2017구단19524

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 November 21, 2014, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and applied for refugee status to the Defendant on June 24, 2016.

B. On October 4, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 3, 2016, but the objection was dismissed on April 21, 2017, and the Plaintiff received a notice of dismissal decision on June 20, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, after submitting the resume of the illegal organization in Uzbekistan, the Plaintiff appeared to be arrested by a member of the illegal organization to the police, and was faced to the Republic of Korea due to the risk of being arrested by the police.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term “persecution” to be received by the foreigner.

참조조문

-난민법 제2조 제1호

유사 판례

-서울행정법원 2017.03.23 2017구단70

-서울행정법원 2018.06.21 2018구단8941

-서울행정법원 2017.11.30 2017구단30521

-서울행정법원 2017.05.25 2017구단9473

-서울행정법원 2017.03.23 2016구단32759