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(영문) 인천지방법원 2020.05.22 2020구단50765
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 July 23, 2017, the Plaintiff, who was a national of Bangladesh, entered the Republic of Korea with his/her short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on October 11, 2017.

B. On December 12, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the Plaintiff’s assertion does not constitute “a sufficiently well-founded fear of 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.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was admitted to the B Party (B Party; hereinafter “B Party”) in 2008, and the Plaintiff was in charge of preparing for the event as D’s letter of organization C(B Party’s cultural organization). Since 2009, the Plaintiff was practically and actively engaged in B Party support activities.

From the beginning of the business in 2009, the Plaintiff was demanded to pay monthly money from the E-pit posters, and was assaulted three times from them.

Until April 2017, the Plaintiff paid monthly money to them, and subsequently arranged the following business, and applied for refugee status in the Republic of Korea.

The defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility of gambling when the plaintiff returned to the country of nationality is illegal.

B. 1) Article 1 and Article 2 Subparag. 1 of the Refugee Act, and the 1951 Convention on the Status of Refugees (hereinafter “Refugee Convention”)

) In full view of the provisions of Article 1 of this Act and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice is due to race, religion, nationality, membership of a particular social group or political opinion, or a foreigner who is unable to obtain the protection of the country of nationality or does not want the protection of the country of nationality due to a well-founded fear of being affected by such fear.

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