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(영문) 부산지방법원 2018.08.10 2018구단870
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. The Plaintiffs are foreigners of Egypt nationality, and Plaintiff A (hereinafter “Plaintiff A”) and Plaintiff B (hereinafter “Plaintiff B”) are married, and Plaintiff C (hereinafter “Plaintiff C”) and Plaintiff D (hereinafter “Plaintiff D”) are children of Plaintiff A and Plaintiff B.

B. On December 6, 2015, Plaintiff A entered the Republic of Korea with the tourism channel (B-2) sojourn status on December 30, 2015, and applied for refugee status to the Defendant on December 30 of the same year, and the remaining Plaintiffs entered the Republic of Korea with the tourism channel (B-2) sojourn status on February 7, 2017 and applied for refugee status to the Defendant on the 27th of the same month.

C. Accordingly, on May 8, 2017, the Defendant rendered the instant disposition rejecting the recognition of refugee status on the grounds that the Plaintiffs cannot be deemed to have “a sufficiently-founded fear that they 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.

The Plaintiffs appealed against the instant disposition and filed an objection with the Minister of Justice on May 10, 2017, but the objection was dismissed on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2-1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiffs' assertion is that their relatives were killed by IS, and their bullying and Plaintiff D were bullyings from their children, and Plaintiff B entered the Republic of Korea and applied for refugee status by suffering from gambling, such as sexual harassment from Muslim. The disposition of this case which did not recognize the plaintiffs as refugee is unlawful.

(b) Determination 1 “Refugee” is a foreigner who is unable or does not want to be protected by a State of nationality due to well-founded fear that he/she is likely to be detrimental on the ground of race, religion, nationality, status as a member of a particular social group or political opinion; or

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