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(영문) 부산지방법원 2020.02.05 2019구단2088
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 entered the Republic of Korea on January 11, 2018 as Egypt nationality in the capacity of tourism and Tong (B-2), and applied for refugee status to the Defendant on February 12, 2018.

B. On December 19, 2018, 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.

The Plaintiff was dissatisfied with the instant disposition on January 2, 2019 and filed an objection with the Minister of Justice, but the said application was dismissed on July 30, 2019, and the Plaintiff received a notice of dismissal decision on the said objection on August 19, 2019.

【Ground of recognition】An absence of dispute, entry of Gap Nos. 1, 2, and 1 and 2

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff’s assertion kills neighbors. As the police investigation began, the Plaintiff escaped at horse around 2017.

The deceased's family member threatened the plaintiff with murder in order to retaliation the plaintiff.

The plaintiff returned to Egypt shall be deemed to have a well-founded fear to recognize that the deceased's family member may be injured by gambling.

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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