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(영문) 인천지방법원 2016.05.20 2015구합1452

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 October 7, 2013, the Plaintiff, as a man of the nationality of the Republic of Manman (hereinafter “Manman”), refused entry to undergo an entry inspection on October 7, 2013, on the ground that the purpose of entry is unclear, the Plaintiff filed an application for refugee status with the Defendant on October 11, 2013.

B. On October 1, 2014, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “No sufficient fear exists that the Plaintiff would be subject to gambling as prescribed in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.”

C. The Plaintiff appealed to the Minister of Justice on October 10, 2014, but the foregoing objection was dismissed on September 24, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff believed Islamic intercourse with his family in the same direction as Sandlinga, and that the Plaintiff joined the Mandlinga only with his family on September 26, 2013.

However, family is threatening to murder on the ground that the plaintiff spawn has moved into a spawn class.

As the government has no intent and ability to protect the religious pressure in private areas, and if the plaintiff returns to the Republic of Korea due to the lack of the intent and ability to protect the religious pressure in private areas, it is likely that the plaintiff might be stuffed from his/her family for religious reasons

Therefore, the instant disposition taken on a different premise is unlawful.

B. The details of the relevant statutes are as shown in the attached statutes.

C. According to Article 2 Subparag. 1 of the Refugee Act, “refugee” means a foreigner who is unable or does not want to be protected by a country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or due to such fear.