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(영문) 부산지방법원 2017.07.20 2017구합1675

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 October 18, 2008, the Plaintiff applied for refugee recognition to the Defendant on February 26, 2015, after entering the Republic of Korea with the status of stay in the manufacturing industry (E9-1) on October 18, 2008.

B. On June 2, 2015, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be detrimental to persecution” as a requirement of refugee 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, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on August 17, 2015, but rendered a final decision to dismiss the Plaintiff’s application on December 22, 2016.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was forced from terrorist organizations to make a new spawn when visiting the Pakistan-ro 201, Spawn, Spawn, and that he was forced to receive money and valuables by suffering the total attack.

Around 2017 when the plaintiff visited Pakistan, he was subject to further intimidation, and the plaintiff's 's 's 's 's 's 's 's 's ''

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparagraph 1 of the Refugee Act).