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(영문) 부산지방법원 2018.02.01 2017구합3411
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. After entry into the status of stay for technical training (D-3) in around 2006, the Plaintiff changed the status of stay to the manufacturing industry (E9-1) on October 23, 2007. After the expiration of the period of stay on October 14, 2012, the Plaintiff filed an application for refugee status with the Defendant on December 14, 2015.

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, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on January 6, 2016, but was rendered a final decision dismissing the Plaintiff’s application on July 18, 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. In around 2007, the Plaintiff’s assertion, an armed organization, exercised control and control over the Plaintiff’s high-speed village, and caused violence or fire to the opposite party members, and the Plaintiff’s family members, who are the opposite party members, were given a warning from the lelebbb, and the Plaintiff, a member of the NP party, was able to stay at the house to avoid the lebbbb when he visited the high-speed village around 2012.

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” means a foreigner who is unable or does not wish to be protected by a 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 by such fear.

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