logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.10.28 2020구단69130
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 April 15, 2015, as a foreigner of the nationality of the Republic of four arms’s Federal Democratic Republic (hereinafter “NE”) (hereinafter “NE”), with the status of stay for E-9 (Non-Professional Employment).

B. On February 13, 2020, the Plaintiff applied for refugee status to the Defendant. However, on May 25, 2020, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion against the Plaintiff is not “a well-founded fear of persecution” under Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined the Republic of Korea and moved to a shot school from the shot school to the shot school.

The Plaintiff, who became aware of the fact that he was opening to the Republic of Korea, had a good appraisal against the Plaintiff. At the time of the Plaintiff’s visit to the Republic of Korea on July 2016, the Plaintiff threatened the Plaintiff that the refusal would result in a good thing.

Therefore, if the plaintiff returns to the four arms, it is likely to be threatened with life and body.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear of being recognized that he/she may be detrimental to the country of nationality on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a country in which he/she resided before entering Korea due to such fear.

arrow