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(영문) 광주지방법원 2020.04.22 2020구단117

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 January 13, 2019, the Plaintiff, a national of the Republic of Liberia, entered the Republic of Korea with the visa exemption (B-1) status, and applied for refugee status to the Defendant on March 26, 2019.

B. On May 7, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on June 4, 2019, but the Minister of Justice dismissed the objection on October 18, 2019.

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

2. Whether the instant disposition is lawful

A. The plaintiff's father's assertion caused a dispute over the property of which the plaintiff's father was taken over, and thus the plaintiff's father and the punishment were killed, and then the third degree of relationship was threatened to kill the plaintiff as the only inheritor. For this reason, the plaintiff's return to his home country is likely to be threatened continuously.

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. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, and is a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that the status, treatment, etc. of refugees may be harmed by reasons of race, religion, nationality, membership of a particular social group or political opinion, or a country that has resided in Korea prior to entry into Korea due to such fear.

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