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(영문) 부산지방법원 2021.01.27 2020구단1739

난민불인정처분취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On March 4, 2019, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status on March 4, 2019, and applied for refugee recognition to the Defendant on April 3, 2019.

B. On April 16, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as a requirement for refugee status under 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 filed an objection against the instant disposition with the Minister of Justice on May 3, 2019, but was dismissed on December 23, 2019, and the Plaintiff was notified of the decision to dismiss the said objection on June 8, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was from January 2019 to the end of one month, and the Plaintiff was working in the marina. Around February 2019, the Plaintiff infringed upon the Doar on the Doar.

Eart State demanded the Plaintiff to compensate for USD 40,00,00,000 on the ground that the Plaintiff is suspected of having been aware of as a Do Governor, and that the Plaintiff would die.

Intimidation and assault was made.

The plaintiff entered the Republic of Korea and applied for refugee recognition. The disposition of this case which did not recognize the status of refugee to the plaintiff is unlawful.

B. (1) Determination (1) The term “victim” is likely to be detrimental on grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.

Any foreigner who, owing to well-founded fears, is unable to be protected or does not want to be protected from the country of nationality, or who, due to such fear, does not want to return to the country in which he resided before entering the Republic of Korea.