(영문) 부산지방법원 2018.05.30 2018구단20294

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(영문) 부산지방법원 2018.05.30 2018구단20294

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, 2011, the Plaintiff entered the Republic of Korea as a foreigner of Sri Lankan nationality, and applied for refugee status to the Defendant on March 15, 2017.

B. On March 20, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-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.

C. The Plaintiff filed an objection against the instant disposition, but the Minister of Justice dismissed the objection on October 11, 2017.

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

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered the Republic of Sri Lanka for employment while serving in the military. The Plaintiff could return to the Gun or be detained in the event of having returned to Sri Lanka, and not only could the Plaintiff return to the Gun, but also would be in alliance with the women’s friendliness of the Switzerland nationality, which is a senior class, and the family could not return to Sri Lanka for religious problems because of the risk of opposing the teaching system with the female-friendly group. The instant disposition for which the Plaintiff did not recognize as a refugee

B. Determination 1) “Refugee” means 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, due to such fear, cannot return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of a refugee refers to a threat to life, body, or freedom, including a threat to life.

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-난민법 제2조 제1호

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