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(영문) 부산지방법원 2016.07.07 2016구합20891
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On March 8, 2005, after entering the Republic of Korea first on February 3, 2006, the Plaintiff left the country on February 17, 2008 and stayed as non-professional employment (E-9) sojourn status after re-entry into the Republic of Korea on April 10, 2008.

On April 9, 201, the expiration date of the above sojourn status, the Plaintiff continued to stay even after April 9, 201, applied for refugee status recognition to the Defendant on July 30, 2015.

On September 1, 2015, the Defendant issued a decision on refugee non-recognition (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion to the Plaintiff does not constitute a sufficiently-founded fear that he would be subject to persecution as prescribed in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on September 4, 2015, but the foregoing objection was dismissed on January 6, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2 (including the number, respectively; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 4, and the purport of the entire argument as to the validity of the disposition of this case as to the validity of the disposition of this case as a whole, the plaintiff support the PTPP. On September 2009, the plaintiff's relative supporting the PPEN is currently threatened with the plaintiff's personal injury, such as intimidation on several occasions to the effect that the plaintiff's relative supporting the PPEN would not support the PTPP party. Thus, the plaintiff's personal injury is a refugee in danger of persecution.

It is as stated in the relevant statutes.

Judgment

“Refugee” may not return to a foreigner who is unable or does not want to be protected by a State of nationality due to well-founded fear to recognize that he/she may be injured on grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea due to such fear.

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