logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.06.01 2018구단58588
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 June 19, 2017, the Plaintiff, who was a nationality of Pakistan, entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on July 19, 2017.

B. On August 21, 2017, 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.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he operated a beauty room in his country of nationality, along with the punishment of his country of nationality, and the members of the Egyptian demanded the payment of donations, and assaulted and threatened the Plaintiff and the Plaintiff’s punishment.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is not able to return to, or does not want to return to, a country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1(2) of the Refugee Act). The term “persecution” which serves as a requirement for refugee recognition refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom.” Thus, a request for refugee recognition is made.

arrow