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(영문) 부산지방법원 2018.11.14 2018구단771
난민불인정처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. 1) The Plaintiffs entered the Republic of Korea on a short-term visit (C-3) on April 9, 2015, and applied for refugee status to the Defendant on June 1, 2015. On February 16, 2017, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiffs cannot be deemed to have “a well-founded fear that the Plaintiffs would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

B. The Plaintiffs filed an objection against the instant disposition with the Minister of Justice on March 23, 2017, but the Minister of Justice dismissed the said objection on December 7, 2018.

[Ground for recognition] Unsatisfy

2. Whether the instant disposition is lawful

A. The plaintiffs asserted that they were re-exploited into the Pacific wave around July 2014, and that there is a risk of causing harm to the lives and bodies of the persons from the persons from the nives wave, and in fact, the relatives of the plaintiff A, who first moved into the nives wave from the persons from the nives, who were arrested, and tried to find them again by re-exploiting them into the nives wave. The plaintiff B, the nives of the plaintiff B, the nives of the nives of the nives of the plaintiff B, the nives of the nives of the plaintiff B, the nives of the h

Therefore, when the plaintiffs return to Bangladesh, they applied for refugee status since there is a concern that they may be harmed by human life and body from human beings. The disposition of this case which did not recognize the plaintiffs as refugee is unlawful.

(b) Determination 1: (a) a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear that he/she may be disadvantaged on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or by such fear.

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