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(영문) 광주지방법원 2019.05.15 2018구단1957
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 December 30, 2016, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) sojourn status (C-3) and applied for refugee status to the Defendant on February 22, 2017.

B. On January 10, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on January 30, 2018, but the Minister of Justice dismissed the objection on September 3, 2018.

[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 plaintiff's argument that the plaintiff asserted that he had a married with the Muslime who had returned to his father at the time of his father, threatened his father with murdering his father's family who was a deceased man, and his mother's report has been arrested by the police, and the male father's family has been arrested by the police, and he continuously threatened the plaintiff and his family with murdering. Thus, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked illegally.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol. Foreigners who do not want to be protected or to be protected by their nationality due to well-founded fear of recognizing that their status, treatment, etc. may be harmed by reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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