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(영문) 부산지방법원 2018.10.10 2018구단20782
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. 1) On August 14, 2012, the Plaintiff entered the Republic of Korea with four arms as a foreigner of four arms, and applied for refugee status to the Defendant on June 8, 2017. As to this, on June 15, 2017, the Defendant rendered a disposition denying refugee status (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

B. On June 27, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on January 16, 2018.

[Ground for recognition] Unsatisfy

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is an anti-government demonstration by joining four arms to the anti-government organization B.

A person who had escaped was a new refugee, and if he returned to the four arms, he abandoned the early country, and applied for refugee status because the life and body of the person who had escaped is threatened. The disposition of this case which did not recognize the plaintiff as a refugee was unlawful.

(B) The plaintiff argued to the effect that he is forced to make a request for refugee status because he is forced to make a monetary request and to join a political party from the persons belonging to C party.

Judgment

1) “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, due 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 (Article 2 Subparag. 1 of the Refugee Act. In this case, “persecution” as a requirement for recognition of refugee status.

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