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(영문) 부산지방법원 2019.05.15 2018구단2340
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. On August 31, 2011, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the People’s Republic of China (hereinafter “China”), and applied for refugee status to the Defendant on May 11, 2016.

B. On May 30, 2016, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficient well-founded fear that the applicant would be subject to persecution” as a requirement of refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”), and the Plaintiff received the said notice on June 7, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Government of China's assertion that the plaintiff's assertion is stuffed by arresting, arresting, or advisering the trainee of the Pakistan, and it is evident that the plaintiff will also go back to China if he/she return to China.

The Plaintiff’s situation constitutes a case where there is a well-founded fear to believe that the situation at issue is a member of a religion or a specific social group, and that there is a well-founded fear.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is null and void as it is serious and clear.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are unable to be protected of the country of nationality or who do not want the protection of the country of nationality, or who, owing to such fear, resided in Korea before entering Korea.

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