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(영문) 부산지방법원 2019.07.17 2019구단860
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. The Plaintiff, as a foreigner of Indian nationality, entered the Republic of Korea as a short-term visit (C3) on November 4, 2017, and applied for refugee status to the Defendant on November 22, 2017.

B. On November 24, 2017, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for recognition of refugee status does not constitute “a sufficiently-founded fear that the applicant would suffer from persecution” as a requirement of refugee 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”).

(hereinafter “instant disposition”). C.

On February 19, 2018, the Plaintiff filed an objection with the Minister of Justice on February 19, 2018, and the said application was dismissed on April 10, 2019.

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

2. Whether the instant disposition is lawful

A. The Plaintiff was killed on the ground that he did not bring much deal of the Plaintiff’s assertion, and that he did not bring about a large amount of money.

The plaintiff was found at each sentence house, and asked for refugee status. The plaintiff was killed from each type of punishment to escape from the Republic of Korea, and applied for refugee status.

Once the plaintiff returned to India, there is a well-founded fear that can be recognized as a refugee because he/she may pose a threat to his/her life or body.

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 by reasons of race, religion, nationality, membership of a particular social group, or political comments, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or due to such fear.

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