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(영문) 대구지방법원 2019.12.06 2019구단11243
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 June 24, 2016, the Plaintiff entered the Republic of Mari (hereinafter “Mari”) as a foreigner of the nationality of the Republic of Mari (hereinafter “Mari”), and applied for refugee status to the Defendant on February 17, 2017.

B. On July 18, 2018, 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 that she would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on August 16, 2018, but the said objection was dismissed on April 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In around 2012, the Plaintiff’s assertion that the Plaintiff was killed on the ground that he was in black, so he was fluent with the Mari government, while conducting funeral services from the north of the Mari-ri, an organization claiming separation independence from the horse. The Plaintiff was killed on the ground that he was fluent with the horse government. The Plaintiff “I would fluort the horse if mari is a person,” and went to the Republic of Korea with his family members, who had experienced fear of Mari-ri’s intimidation.

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 full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of the country of nationality is not possible or the protection of the country of nationality is not sought due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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