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(영문) 제주지방법원 2020.11.10 2019구합6110
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 8, 2018, the Plaintiff filed an application for refugee status with the Defendant on April 6, 2018.

On May 4, 2018, the Defendant rendered the instant disposition on the ground that “the Plaintiff is not a person subject to the Convention on the Status of Refugees and the Refugee Act.”

On November 14, 2018, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, and the Minister of Justice dismissed the objection on April 10, 2019.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was written with the loan of the bond in KIKO, and the creditor committed violence and intimidation by “I would die without discharging his/her obligation,” and the degree of such violence and intimidation exceeded the extent to which the Plaintiff could withstanding, and escape to Korea on the fear that the Plaintiff may be dead from the creditor and his/her father beyond the permissible limit.

The security of the Dazististan is not sufficient to be compared to Korea and can not be protected by the police.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful since it abused discretionary power. Therefore, it should be revoked.

3. In full view of the relevant legal principles and Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall recognize a foreigner as a refugee under the Refugee Convention in case of such application with respect to a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of his country of nationality, or who, owing to such fear, cannot return to, or does not want to return to, a country of nationality that had resided in Korea before entering Korea.

recognition of refugee status;

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