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(영문) 대구지방법원 2019.09.20 2019구단1161
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 11, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality, as a short-term visit (C-3). On November 15, 2018, the Plaintiff applied for refugee recognition to the Defendant.

B. On April 30, 2019, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion 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 Relating to the Status of Refugees.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On October 4, 2016, the Plaintiff asserted that the Plaintiff, at his home country, was made clear that he would have sexual assault against a female by his birth from a female in the way that he went back to his natives after attending the birth wave of his natives. The Plaintiff left the Republic of Korea with his birth and went back to the Republic of Korea where his mother is staying together with his birth.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his/her own country, the relevant gambling was made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The plaintiff's reason for applying for refugee status is that "the birth of the plaintiff was threatened by an incurable male who sought sexual assault in his/her own country," and this is a private criminal act and must be resolved through his/her own judicial system, not a specific reason for gambling as a requirement for refugee status, and it does not constitute a reason for refugee status, i.e., race, religion, or religion against the plaintiff.

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