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(영문) 부산지방법원 2020.03.18 2019구단1313
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 1, 2018, the Plaintiff entered the Republic of Korea as a foreigner of Uzbekistan nationality in a short-term visit (C-3), and applied for refugee status to the Defendant on October 12, 2018.

B. On May 15, 2019, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficiently-founded fear that the applicant would be subject to persecution” as a requirement of refugee status under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, and No. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was going to go to the hotel manager, and the Plaintiff reported to the intelligence agency that he was suspected of being suspected of being a guest who left the hotel, and that he was threatened by three to four days after being threatened with the cancellation of the information.

The situation of the plaintiff's custody is applicable to cases where there is a well-founded fear that the plaintiff may suffer from persecution.

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, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or does not want to return to, the country of nationality that had resided in the Republic of Korea, due to such fear, should be recognized as a refugee under the Refugee Convention.

At this time,

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