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(영문) 부산지방법원 2017.08.31 2017구합2067

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 August 13, 2008, the Plaintiff applied for refugee status to the Defendant on January 29, 2015, after entering the Republic of Korea with the status of stay in the manufacturing industry (E9-1) on August 13, 2008.

B. On February 27, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of 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, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on March 4, 2015, but was rendered a decision dismissing the Plaintiff’s application on February 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion was elected to the head of the Gu in 2004, and the Plaintiff was working as his father security guard, but the opposing party threatened his father with a threat, such as the Plaintiff’s father’s shot.

In addition, when the plaintiff went to the Philippines in 2009, five opposing parties were assaulted by the plaintiff.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful despite high possibility that the Plaintiff would be stuffed in the event that the Plaintiff returned to the Philippines.

B. The term “refugee” refers to 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 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 a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparagraph 1 of the Refugee Act). Each evidence and pleading mentioned above shall be made.