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(영문) 광주지방법원 2020.09.09 2020구단995
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 March 26, 2013, the Plaintiff, who is a national of the Republic of Austria, entered the Republic of Korea as a stay in study (D-2) abroad, and applied for refugee status to the Defendant on July 4, 2019.

B. On July 12, 2019, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear that would be subject to persecution” as prescribed by 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 filed an objection with the Minister of Justice on August 9, 2019, but the Minister of Justice dismissed the objection on December 23, 2019.

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

2. Whether the instant disposition is lawful

A. On January 2018, the Plaintiff’s parents asserted, and the South Dong Dong-dong were killed by a terrorist list. For this reason, if the Plaintiff returned to his own country, the Plaintiff may also be killed.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1) The Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. It defines that “A foreigner who is unable or does not want to receive protection of his/her country of nationality due to well-founded fear of being recognized that he/she may be harmed by reasons of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who is a state of nationality unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear” (Article 1 and Article 1).

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