logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.09.20 2019구단1154
난민불인정처분취소
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 11, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality, as a short-term visit (C-3). On November 15, 2018, the Plaintiff applied for refugee recognition to the Defendant.

B. On April 30, 2019, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On October 4, 2016, the Plaintiff asserted that the Plaintiff left Korea from the Republic of Korea to the Republic of Korea where he/she was living with his/her mother, by making it clear that he/she would have sexual assault from a friend male at the time of birth of her natives, and by leaving Korea to the way he/she returned to her natives after attending the birth of her natives.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his/her own country, the relevant gambling was made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The ground for the plaintiff's application for refugee status is that "the defendant was threatened by an incurable male who sought sexual assault in this country." This is a private person's criminal act, which must be resolved through its judicial system, not a specific reason for gambling as a requirement for refugee status, and otherwise, it does not constitute a reason for refugee status, namely, race, religion, nationality, status as a member of a specific social group or political organization.

arrow