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(영문) 부산지방법원 2020.06.10 2020구단507

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 30, 2017, the Plaintiff, a national of Malaysia, entered the Republic of Korea as a visa exemption (B-1) and applied for refugee status to the Defendant on April 17, 2017.

B. On May 28, 2019, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficiently-founded fear that the applicant would be subject to persecution” as a requirement of refugee status under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection against the instant disposition with the Minister of Justice on June 12, 2019, but was dismissed on December 23, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 기독교인으로 2016. 12. 25. 성당에서 크리스마스 행사를 마치고 나오던 중 무슬림들로부터 언어폭력을 당하였고, 그들이 집까지 �아 와서 원고에게 돌을 던지며 계속 소리를 질렀다.

The plaintiff reported to the police, but did not receive any help from the police, and the threat became the Republic of Korea.

Therefore, if the plaintiff return to Malaysia, there is a well-founded fear of persecution for religious reasons.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

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, and Article 1 of the Refugee Protocol, foreigners who are unable to be protected by the country of nationality or do not want the 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 comments.