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(영문) 부산지방법원 2018.11.07 2018구단764
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 June 19, 2012, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of Sri Lanka, and applied for refugee status to the Defendant on June 15, 2015. (2) On June 13, 2017, the Defendant rendered a disposition denying refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that the Plaintiff 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 December 7, 2017.

[Ground for recognition] Unsatisfy

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was not a party member of the B political party since 2010, but at the end of the week, at the office of the B political party, a party member of the B political party installed posters and stage installation, etc. In order to raise the school expenses. On July 201, the Plaintiff’s assertion was attached to B political party posters on the party posters, a party of the B political party, a party of the B political party.

The Cparty and the group fighting were detected, and thereafter the C Party heard the horses of intimidation that the C Party would die, and they also left the Plaintiff’s house.

If the plaintiff returned to Sri Lanka, it is clear that he/she would be threatened with life and physical harm from the party concerned. The disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

(b) Determination 1 “Refugee” is a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear that he/she may be disadvantaged on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or due to such fear before entering Korea.

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