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(영문) 제주지방법원 2018.07.04 2017구합927
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 12, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status on August 27, 2015. On February 24, 2016, the Plaintiff changed the domicile status to Jeju Special Self-Governing Province.

B. On March 2, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from persecution” 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 appealed and filed an objection with the Minister of Justice on March 31, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was threatened by the plaintiff's participation in terrorist activities by taking her life in the Johman's team and the border around the Republic of Korea before misunderstandings in the Republic of Korea, and the plaintiff was willing to kill the plaintiff if she re-enters the John team.

Therefore, the Plaintiff’s disposition that did not recognize the Plaintiff as a refugee is unlawful, since it is deemed that there is a risk of persecution in the event that the Plaintiff returned to Hadar.

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, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, are unable to return to or want to return to the country of nationality that had resided before entering the Republic of Korea.

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