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(영문) 인천지방법원 2021.03.19 2020구단2735

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 March 9, 2018, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status on March 9, 2018, and applied for refugee recognition to the Defendant on March 29, 2018.

B. On July 17, 2020, 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”). [The grounds for recognition] without dispute, and the purport of the entirety of the entries and arguments in subparagraphs B(1) and B(2).

2. Whether the disposition is lawful;

A. On December 2017, the Plaintiff asserted that the Plaintiff reported “B” to the police station as a homicide, and that B was arrested as an offender thereafter.

On December 2, 2017, the Plaintiff was assaulted on the ground that he reported B from three male men in unsound name.

The plaintiff has become aware of the refugee system and applied for refugee status. The plaintiff became aware of the refugee system.

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 Articles 1 and 2 subparag. 1 of the former Civil Code, Article 1 of the 1951 Convention Relating to the Status of Persons in Distress (hereinafter “Refugee Convention”), and Article 1 of the 1967 Protocol Relating to the Status of Persons in Distress, the Minister of Justice applies for a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, does not want the protection of the country of nationality.