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(영문) 부산지방법원 2020.02.05 2019구단1627
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. The Plaintiff entered the Republic of Korea on August 28, 2017 with a short-term visit (C-3) status as a foreigner of the nationality of the Republic of C-C (hereinafter “C-3”), and applied for refugee status to the Defendant on December 11, 2017.

B. On September 2, 2019, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficiently-founded fear that the applicant would be subject to persecution” as prescribed by the requirements of refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter referred to as “instant disposition”). 【No ground for recognition”, 【No ground for recognition, Gap’s No. 1, and Eul’s No. 1 and 2

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he had been forced to undergo training in his military organization while residing in the Dadrid area and forced him to undergo training in his military organization. This was rejected.

The plaintiff got away from the military organization and was born to the Republic of Korea.

The situation in which the Plaintiff is a member of a specific social group is a well-founded fear that there is a well-founded fear that the Plaintiff may be harmed by reason of being a member of a specific social group.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.

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