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(영문) 대구지방법원 2019.05.17 2019구단519
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 June 12, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality as a short-term visit (C-3). On September 18, 2017, the Plaintiff applied for refugee status to the Defendant.

B. On September 22, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in 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 filed an objection with the Minister of Justice on October 16, 2017, but the said objection was dismissed on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From the Plaintiff’s assertion on June 28, 201, the Plaintiff’s home country was seven robberys at the Plaintiff’s third village house on June 28, 2014, and two of them were killed by the police, reporting the damage to the third village by the Plaintiff’s father to the police, and two of them were killed by the police, and two families of the deceased robbery are threatening to murder the Plaintiff and the father.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his/her own country, the relevant gambling was made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The Plaintiff’s ground for applying for refugee status is that “the family members of the robbery who died due to the Aberter’s report threaten the Plaintiff and his father,” which is a private criminal act, through its judicial system.

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