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(영문) 부산지방법원 2020.01.22 2019구단1917
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 February 24, 2019, the Plaintiff, who is a national of the Republic of Turkey (hereinafter referred to as “Turkey”), entered the Republic of Korea as a visa exemption (B-1), and applied for refugee status recognition to the Defendant on May 22, 2019. (b) On June 12, 2019, the Defendant rendered a decision not to grant refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficiently-founded fear that the Plaintiff would be subject to persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

hereinafter referred to as "disposition of this case"

(2) On August 16, 2019, the Plaintiff received the notice. The Plaintiff received the notice, without any dispute over the grounds for recognition, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was originally Muslim, but gave up the Islamic religion.

As a result, the plaintiff has conflicts with his/her family members and branch members, and his/her father is not very good, so he/she also faced with her bucks.

The plaintiff gal and fin-fin-fin-fin-fin, and was pointed out on the street.

After all, the plaintiff eventually became a home and enter the Republic of Korea.

If the plaintiff returned to Turkey, there is a well-founded fear of persecution for religious reasons.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

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 due to such fear, have resided in Korea before entering Korea.

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