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(영문) 부산지방법원 2018.02.02 2017구합3688
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) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee – Nationality: four arms - Entry and application for refugee status: March 20, 2012 (Status of Sojourn: Manufacturing Business (E9-1) / Application for recognition of refugee status on January 19, 2017

B. The Defendant’s decision on February 2, 2017 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 April 18, 2017 - the fact that there is no dispute over the dismissal decision on October 11, 2017 (based on recognition), Gap’s 1, 2, 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 is NC support (National Assembly). Around 2007, YCL (YOung Commonist Legst value) recommended the plaintiff and his family members to join YCL, and the plaintiff's refusal to join YCL was made intimidation to kill the plaintiff and the plaintiff's family members, and the plaintiff's family members made a demand for money.

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 acknowledged by comprehensively taking account of each of the evidence and evidence set forth in subparagraph 3 as well as the purport of the entire pleadings.

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