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(영문) 인천지방법원 2020.10.30 2020구단51553
난민불인정결정취소
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 December 11, 2017, the Plaintiff entered the Republic of Korea for short-term tourism (C-3 and 30 days of stay) on December 11, 2017, and applied for refugee status to the Defendant on January 2, 2018.

B. On July 24, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the Plaintiff’s assertion against the Plaintiff does not constitute “a sufficiently-founded fear of 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.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on July 25, 2019, but was dismissed on December 23, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including additional number), and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On September 17, 2016, the Plaintiff asserted that he/she constituted an IPOB AB AB branch claiming non-AF independence, and served as an executive secretary.

On July 20, 2017, the Plaintiff organized an assembly in Aaraea Village, and 6 persons died by taking the total amount from soldiers, 10 persons, and 25 persons including the Plaintiff were arrested.

The plaintiff has been confined in a house in Adou Village for about 10 days, and escaped through the space of the floor.

The defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility of gambling when the plaintiff returned to Austria is illegal.

B. 1) Article 1 and Article 2 Subparag. 1 of the Refugee Act, and the 1951 Convention on the Status of Refugees (hereinafter “Refugee Convention”)

) In full view of the provisions of Article 1 of this Act and Article 1 of the Protocol concerning the Status of Refugees, the Minister of Justice does not want the protection of the country of nationality or the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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