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(영문) 대구지방법원 2018.05.30 2018구단383

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 October 25, 2016, the Plaintiff entered the Republic of South Africa with tourism and Tong (B-2) visa on October 25, 2016 as a foreigner of the South Africa (hereinafter “Nam Africa”), and applied for refugee status to the Defendant on November 18, 2016.

B. On May 24, 2017, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” as stipulated in 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 May 29, 2017, but the said objection was dismissed on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a state of divorce, where the Plaintiff, from the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), married with the remaining female on December 199 and acquired the remaining public nationality around 2004, while married with the remaining female on December 199.

On June 1999, the Plaintiff supported Pakistan as the mother State of Pakistan from around 1995, and around June 199, C supported the Plaintiff by removing the party office and threatening the Plaintiff. Since the Plaintiff’s remaining public service, on March 10, 200, the remaining birth of the Plaintiff who was in Pakistan was presumed to have been C’s support.

Since then, on March 14, 2015, the Plaintiff operated the rest in the remaining Gong, 2 persons with black strength damped the Plaintiff’s shop, and on June 4, 2016, the Plaintiff suffered serious damage caused by the riot of black professionals.

For the foregoing reasons, the Plaintiff cannot return to the Republic of Pakistan or the Republic of Korea, a mother State, as a refugee, notwithstanding the fact that the Plaintiff could not return to the Republic of Korea.