beta
(영문) 부산지방법원 2019.04.10 2019구단143

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. The Plaintiff entered the Republic of Korea on October 22, 2017 as a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), and applied for refugee status to the Defendant on November 6, 2017.

B. On November 28, 2017, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for recognition of refugee status does not constitute “a sufficiently-founded fear that the applicant would suffer from persecution” as a requirement of refugee under 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”).

(hereinafter “instant disposition”). C.

On December 6, 2017, the Plaintiff filed an objection with the Minister of Justice, but the objection was dismissed on November 29, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is satisfied that the Plaintiff resided in the Pakistan (Sarachi), and is working as a branch of C Party with the focus of B satisfaction since 2011. The Plaintiff’s friendship was missing on July 2017 and was found to have been dead.

The Roangers, a quasi-military organization of Pakistan, visited the plaintiff's house and found the plaintiff.

The situation in which the plaintiff is faced is a member of a specific social group, and there is a well-founded fear that there is a well-founded basis to recognize that the situation is detrimental to the status or political opinion.

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. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a member of a race, religion, nationality, or a particular social group; or