logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.09.21 2017구단1134
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On October 27, 2010, the Plaintiff, a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), who is a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea with his/her non-professional employment status and filed an application for refugee status with the Defendant on July 15, 2015.

B. On July 21, 2016, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.”

C. The Plaintiff filed an objection with the Minister of Justice on August 9, 2016, but was dismissed on April 21, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made by participating in activities and campaigns supporting the PTPP political party during the period of a temporary visit of Pakistan on January 2015, and was threatened by the members of the PMFN political party. Therefore, there is sufficient concern that the Plaintiff would be stuffed when returning to the Republic of Korea with Pakistan, and the instant disposition that did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiff is merely a legitimate person and is merely a major political activity or received attention from the other party members.

arrow