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(영문) 광주지방법원 2020.09.09 2020구단780
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 April 6, 2019, the Plaintiff, who is a national of the Republic of Kazakhstan, entered the Republic of Korea as a sojourn eligibility for visa exemption (B-1) and applied for refugee status to the Defendant on May 3, 2019.

B. On July 16, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear that is likely to suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) 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 July 22, 2019, but the Minister of Justice dismissed the objection on December 23, 2019.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion refused to allow a man-child marriage in his own country, and thereby, the male-child group assaulted the plaintiff, and the plaintiff's father who became aware of this violence sent the plaintiff to the Republic of Korea and prevented him from returning to his own country. For this reason, if the plaintiff returned to his own country, it is likely that the plaintiff will continuously be threatened by the male-child group.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol. Such fear is attributable to a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear to recognize that the status, treatment, etc. of refugees may be harmed by reasons of race, religion, nationality, membership of a particular social group or political opinion.

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