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(영문) 인천지방법원 2021.03.19 2020구단3233

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 January 27, 2018, the Plaintiff entered the Republic of Korea as a male of the Republic of Korea’s nationality, and applied for refugee status to the Defendant on February 14, 2018, after entering the Republic of Korea as a visa exemption (B-1, the period of stay 30 days).

B. On December 26, 2019, the Defendant rendered a decision to deny refugee status on the ground that the Plaintiff’s assertion against the Plaintiff does not constitute “a well-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 (hereinafter “instant disposition”).

On December 27, 2019, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on June 19, 2020.

[Ground of recognition] Unsatisfy, Eul's entry in the evidence Nos. 1 and 2, and the purport of the whole of the arguments

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff met friendlys unless the name of spring light in 2014 is memory.

As such, 3 to 4 months were friendly to the Plaintiff, and she was called Syria to the Plaintiff.

The plaintiff escaped to Syria on the ground that he would send the plaintiff to Syria.

The plaintiff has returned to Mati because he/she remains in 2 months of raising Mati. After that, he/she did not have his/her friendship, but he/she had his/her awareness that he/she found the plaintiff.

Accordingly, the plaintiff escaped to Korea.

The defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility of gambling when the plaintiff returned to the country of nationality is illegal.

B. 1) In full view of the provisions of Article 1 and Article 2 subparag. 1 of the previous Civil Act, Article 1 of the 1951 Convention Relating to the Status of the Victims (hereinafter “Refugee Convention”), and Article 1 of the 1967 Protocol Relating to the Status of the Victims, the Minister of Justice is unable to obtain protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or protection of the country of nationality.