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(영문) 부산지방법원 2017.09.21 2017구합21617
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. The Plaintiff entered the Republic of Korea on April 24, 2008 and repeated entry into and departure from the Republic of Korea on April 24, 2008, and applied for refugee recognition to the Defendant on August 12, 2014.

B. On December 27, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on January 13, 2017, but rendered a final decision to dismiss the Plaintiff’s application on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. When the Plaintiff’s assertion deriveds gold from a coconch that was taken by his father, the gold mine mining company attempted to purchase the Plaintiff’s farm.

As the Plaintiff sells the farm, the Plaintiff’s son and son were threatened with the Plaintiff’s family and farm while threatening the Plaintiff, and the Plaintiff’s mother and son were killed due to the fire.

After all, the plaintiff's relatives continued to threaten the plaintiff by finding the plaintiff's place of business and demanding the plaintiff to divide the land into money.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” means a foreigner who is unable or does not wish to be protected by a country of nationality 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 by such fear.

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