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(영문) 부산지방법원 2021.01.27 2020구단2022
난민불인정처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On September 24, 2017, the Plaintiff entered the Republic of Korea with India’s nationality status as a foreigner of short-term visit (C-3) and applied for refugee status to the Defendant on December 15, 2017.

B. On February 4, 2020, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as a refugee requirement 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 filed an objection against the instant disposition with the Minister of Justice on February 11, 2020, but was dismissed on September 10, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff was working as the Home World to help the police, and upon receiving a report on sexual indecent act from any woman, the Plaintiff was in custody of the male as the suspect.

However, as a family member of a local political party with higher rank than the plaintiff, the male side threatened the plaintiff, such as whether the male side was accompanied by the facilities of the place where the plaintiff spawns were spawn and the house.

The plaintiff had entered the Republic of Korea and applied for refugee status by avoiding such threat, but the disposition of this case which did not recognize the status of refugee to the plaintiff is unlawful.

B. (1) Determination (1) The term “victim” is likely to be detrimental on grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.

A foreigner who, owing to well-founded fears, is unable to be protected or does not want to be protected from the country of nationality, or who, by such fear, is unable to return to the country in which he resided before entering the Republic of Korea, or want to return thereto.

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