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(영문) 부산고등법원 2017.01.20 2016누23387

난민불인정결정취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The issues of the instant case and the judgment of the court of first instance

A. On August 30, 2013, the Plaintiff, the key issue of the instant case, filed an application for refugee status with the Defendant on August 30, 2013, but the Defendant, on April 2, 2014, rendered a disposition for refugee status refusal (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized as the grounds for “not being able to be protected by the country of nationality due to fear of sufficient grounds to recognize that he could be harmed” under Article 2 subparag. 1 of the Refugee Act.

The key issue of this case is whether the Plaintiff is a refugee under Article 2 (1) of the Refugee Act.

B. In light of the following circumstances acknowledged by comprehensively taking account of the evidence and the overall purport of the statements and arguments in the first instance court’s judgment and evidence Nos. 3 and 4, the instant disposition that the Plaintiff did not recognize as a refugee is lawful, even if all of the evidence and arguments submitted by the Plaintiff were to be considered, it is difficult to deem the Plaintiff to have “sufficiently-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge this differently.

1) Even based on the Plaintiff’s statement, the Plaintiff’s business performed in the Bomaby Camp was one of the duties that can be performed by anyone who manages the Amascamba, and does not seem to play a leading role to receive attention from the Amasca. The Plaintiff only stated that he was subject to intimidation by telephone and correspondence, but actually did not have any scamba in fact. 2) Even if scambaba in response to the prevention activities of the Amascababa, there is no evidence to deem that scambababa in the past is intended to find persons related to the Amascaba in the past, and the apprehension caused by the activities of the Amascababa is a universal social issue in the Pakistan.