logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.06.11 2020구단7569
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, as a foreigner of the nationality of the Kingdom of Morocco (hereinafter “Morocco”), entered the Republic of Korea on July 6, 2018 as the status of stay for visa exemption (B-1).

B. On September 19, 2018, the Plaintiff filed an application with the Defendant for recognition of refugee status. On January 16, 2020, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “the well-founded fear that would be prejudicial to gambling” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s summary of the Plaintiff’s assertion was arrested at the police for two years due to the Plaintiff’s report, and the sales of narcotics released on May 2018 threatened the Plaintiff to murder.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful even though there was a well-founded fear that the Plaintiff would be subject to persecution when she returned to her home country.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the Minister of Justice, on the ground of race, religion, nationality, membership of a particular social group, or political opinion, makes an application against a foreigner who, owing to such fear, is unable to be protected by the country of nationality or who does not want the protection of the country of nationality, or who, owing to such fear, is unable to return to or does not want to return to the country of nationality before entering the Republic of Korea.

arrow