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(영문) 부산지방법원 2016.10.27 2016구합3599

난민불인정처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On June 1, 2004, the plaintiff was changed to "Training Employment (E-8) on June 1, 2005" and "Non-Specialized Employment (E-9) on May 25, 2006, as foreigners of the Islamic Republic of Pakistan (hereinafter only referred to as "the Republic of Islamic Republic of Pakistan") who entered the Republic of Korea and stayed in the Republic of Korea as "technical training (D-3)" and were changed to "Non-Specialized Employment (E-9)."

On May 30, 2007, the Plaintiff applied for refugee status to the Defendant on July 1, 2015 while he/she continued to stay even after the expiration of the above status of stay.

On January 6, 2016, the Defendant issued a decision on refugee non-recognition (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion to the Plaintiff does not constitute a sufficiently-founded fear that she would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on February 15, 2016, but the foregoing objection was dismissed on September 9, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 1 and 2 (including the number thereof, if any), and the plaintiff's assertion as to the legitimacy of the disposition of this case as to the legitimacy of the disposition of this case as a whole. The plaintiff was a member of QMN, who was threatened by the member of the PLMN to not leave from the PLMN, and was assaulted. Thus, the plaintiff is a refugee in a situation under which the plaintiff's body is threatened, and thus, the plaintiff is at risk of harming the plaintiff.

It is as stated in the relevant statutes.

Judgment

“Refugee” means a foreigner who is unable or does not want to be protected by a State of his/her nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the State in which he/she had resided in the Republic of Korea before entering the Republic of Korea.