(영문) 부산지방법원 2017.08.31 2017구합1996

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(영문) 부산지방법원 2017.08.31 2017구합1996

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. On November 15, 2010, the Plaintiff filed an application for refugee status with the Defendant on September 10, 2015, after entering the Republic of Korea with the status of stay in the manufacturing industry (E9-1) on November 15, 2010.

B. On June 22, 2016, 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 for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on July 11, 2016, but rendered a final decision to dismiss the Plaintiff’s application on December 22, 2016.

[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. The Plaintiff asserted that the Plaintiff was asked from the opposite party of ASEAN, who was engaged in activities such as recruitment of party members and gathering as party members of BNP, a party of Bangladesh, and suffered assault and injury.

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” refers to a foreigner who is unable or does not want to be protected by the 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 a stateless foreigner who, owing to such fear, is unable to return to 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). All the evidence and the purport of the entire arguments mentioned above are considered as follows:

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