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(영문) 부산지방법원 2017.10.26 2017구합2425
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 November 17, 2015, the Plaintiff filed an application for refugee status with the Defendant on December 24, 2015, after entering the Republic of Korea with the short-term general status (C3-1) sojourn status on November 17, 2015.

B. On July 22, 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 of persecution” as a requirement for refugee status under 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, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on August 3, 2016, 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. On July 2013, 2013, the Plaintiff asserted that the Plaintiff was the representative of the village office for the village office of a political party of the NP, and provided assistance by military personnel, such as informing military personnel of the location of the sloping at the time of the sloping.

Since then, the Hashes died of the National Assembly member as a retaliation, and the plaintiff and his family members were threatened.

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” refers to a foreigner who is unable or does not want to be protected by the 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 a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparag. 1 of the Refugee Act). All of the evidence and arguments mentioned above are considered as a whole.

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