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(영문) 부산지방법원 2018.11.07 2018구단283
난민불인정처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. 1) The Plaintiffs are foreigners of the nationality of Sri Lanka. The Plaintiff A, on May 21, 2013, entered the Republic of Korea with the status of fishery (E-9), and the status of general training (D-4) on March 12, 2015. On April 27, 2016, the Plaintiff filed an application for refugee status with the Defendant. On February 20, 2017, the Defendant rendered a disposition of denying refugee status (hereinafter the instant disposition) on the grounds that the Plaintiffs cannot be deemed to have “a well-founded fear that would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

B. The Plaintiffs filed an objection against the instant disposition with the Minister of Justice on March 7, 2017, but the Minister of Justice dismissed the said objection on December 7, 2017.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The plaintiffs alleged a different status in the car list. The parent of the plaintiff B, who is a higher car list, exercised violence against the plaintiff's marriage while opposing the plaintiff's marriage, and discontinued the financial support for the plaintiff B. If the plaintiffs return to Sri Lanka, it is clear that the plaintiffs would be detrimental to the life and body of the plaintiff B's parents, and thus, the disposition of refusing the plaintiffs' application for refugee status is unlawful.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of his/her nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due 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 (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which serves as a requirement for recognition of refugee status refers to life and body.

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