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(영문) 부산지방법원 2016.10.07 2016구합1463
난민불인정결정취소
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. Plaintiff’s entry into the Republic of Korea and refugee application - Nationality: the Democratic Republic of the Netherlands (hereinafter “NA”) - Entry and refugee application: June 22, 2010 [Status of Sojourn: Manufacturing Business (E9-1)] May 12, 2015

B. The Defendant’s decision on July 6, 2015 to recognize refugee status (hereinafter “instant disposition”) - The applicant cannot be recognized as having a sufficiently-founded fear that the applicant would suffer from persecution.

C. Plaintiff’s objection - Formal objection to the Minister of Justice on July 23, 2015 - dismissal decision (based on recognition) March 23, 2016 - Non-contentious facts, Gap’s 1, 2, and 3 evidence, Eul’s 1 and 2 evidence, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion changed the Plaintiff’s name into a parasive dog around 2007, and the neighbors threatened with murdering the Plaintiff and their families.

Therefore, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful despite high possibility that the Plaintiff would be stuffed in the event that the Plaintiff returned to the four arms.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing 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 (hereinafter referred to as "state of his/her nationality");

C. In light of the following circumstances, comprehensively taking account of the evidence and the purport of the statement Nos. 3 and 4 as well as the entire arguments, even if all of the evidence and arguments submitted by the Plaintiff are considered, members of a specific social group, namely, race, religion, nationality, and nationality of the Plaintiff.

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