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(영문) 대구지방법원 2018.02.09 2017구단1983
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. Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: the Democratic Republic of Netherlands (hereinafter “NE”): - Entry: short-term visit (C-3) status on January 27, 2017 ( February 26, 2017) (the expiration date of stay) - Application for Refugee Recognition: February 14, 2017.

The defendant's decision not to recognize refugee status (hereinafter referred to as "disposition of this case") - Reasons: The defendant's decision not to recognize refugee status (hereinafter referred to as "disposition of this case"): No well-founded fear of fear may be recognized.

C. The Plaintiff filed an objection with the Minister of Justice on April 5, 2017; however, the Plaintiff’s dismissal on October 11, 2017 (based on recognition) was without dispute; the Plaintiff’s written evidence Nos. 1, 1 through 5, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was a scarbist who was an scarbist in the country of nationality, but married and married Islamic believers in the Islamic state of Pakistan. Accordingly, the plaintiff was threatened with murder from his family and relatives, and the mother was forced by her mother to abortion. The disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though it is highly likely that the plaintiff would be subject to imminent harm, such as threat of life, if he returned to the country of nationality.

The terms used in this Act shall be defined as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

B. Relevant statutes

C. “Lambling,” which is a requirement for recognition of refugee status 1, is essential human beings, including threats to life, body or freedom.

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