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(영문) 부산지방법원 2018.05.16 2018구단20416
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 June 5, 2016, the Plaintiff entered the Republic of Korea as a foreigner with Egypt nationality, and applied for refugee status to the Defendant on January 24, 2017.

B. Accordingly, on June 7, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in 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 appealed and filed an objection with the Minister of Justice on June 13, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on December 7, 2017.

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

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the Plaintiff’s friendship was killed by the Plaintiff’s relative to the deceased and the other private villages are threatening to conceal the Plaintiff’s timber, and thus, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is not a national who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and the sufficient grounds for such persecution.

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