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(영문) 부산지방법원 2017.09.21 2017구합21587
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 May 17, 2006 and applied for refugee status to the Defendant on November 17, 2015, after having entered the Republic of Korea.

B. On December 28, 2015, 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 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 31, 2015, but rendered a final decision to dismiss the Plaintiff’s application on February 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1-5 (including additional numbers), Eul evidence 1, Eul evidence 2-2, Eul evidence 3-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is bottom B of the Philippines around March 2006.

He was aware of the corruption, and was threatened by the leader to kill the corruption.

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). Fully considering the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, evidence and arguments submitted by the Plaintiff.

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