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(영문) 부산지방법원 2017.10.26 2017구합1088
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 May 23, 2011, the Plaintiff applied for refugee recognition to the Defendant on March 29, 201, after entering the Republic of Korea with the status of sojourn for the manufacturing industry (E9-1) on May 23, 2011.

B. On April 25, 2016, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on May 9, 2016, but rendered a final decision to dismiss the Plaintiff’s application on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. While the Plaintiff’s assertion was engaged in activities to be selected as BNP party region B in 2008, violence cases occurred between BNP party members and opposite party members in 2009, the Plaintiff was also subject to violence and threat. In that process, the Plaintiff became a victim of violence and became a victim of threat.

Since August 2015, when the plaintiff visited Bangladesh-si, the opposing party members are threatened by intimidation, etc.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

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

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