logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.11.16 2017구단30545
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 5, 2016, the Plaintiff entered the Republic of the Philippines (hereinafter referred to as “the Philippines”) as a foreigner of nationality, and applied for refugee recognition to the Defendant on July 5, 2016.

On September 19, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On September 27, 2016, the Plaintiff received a notice of decision on non-recognition of refugee status and filed an objection with the Minister of Justice on October 25, 2016, but was dismissed on the same ground as on July 18, 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 disposition is lawful;

A. A. Around February 2014, the gist of the Plaintiff’s assertion entered the Republic of Korea to enter the Republic of Korea after entering into a contract with the entertainment planning company B.

However, unlike the promise, the representative C of the above company had the Plaintiff work as a singinging loan without having the Plaintiff work as a singinging loan, and did not pay monthly pay.

After the plaintiff's resistance, C threatened the plaintiff's family member to murder.

On September 2015, the Plaintiff applied for refugee status after he/she escaped from the company.

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

arrow