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(영문) 대구지방법원 2017.09.06 2017구합1423
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. Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: the Republic of Maman (hereinafter referred to as “Maman”): Entry: on January 20, 2015, status of stay (C-3 February 19, 2015) in short-term visits (C-3): - Application for refugee status: February 13, 2015

The defendant's decision not to recognize refugee status (hereinafter "disposition in this case") - Grounds: The defendant's decision not to recognize refugee status (hereinafter "disposition in this case") - No sufficient ground for fear that he/she would suffer from persecution cannot be recognized as a ground for recognition - The non-contentious facts, Gap's evidence Nos. 1, 2, and Eul's evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On September 2, 2014, the Plaintiff asserted that he/she was threatened with murder and assault by the Plaintiff and his/her family from aftermaris, an organization of the Islamic armed forces, and on the same day, the Plaintiff’s birth was one of the members of the latter forces, who died and was injured by one person.

Since then, the plaintiff's birth and the plaintiff's birth are under damage to the future ability, and if they return to the Republic of Korea on the last hand, they are likely to be persecution from the latter ability.

The terms used in this Act shall be defined as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

B. Relevant statutes

C. “persecution” which is a requirement for recognition of refugee status 1 refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom,” and filing an application for recognition of refugee status.

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