logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.09.14 2017구단940
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 20, 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 as non-professional employment status and stayed, and filed an application for refugee status with the Defendant on August 19, 2015.

B. On September 13, 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 under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees,” which is a requirement for refugee status.

C. On October 12, 2016, the Plaintiff filed an objection with the Minister of Justice on October 12, 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 that he/she joined the PTPP political party around 2014. On November 7, 2014, 2014, the Plaintiff got involved in assault by drinking, etc. from the members of the PMFN political party of a large amount of 20 persons who intruded into the PTPP office. Accordingly, there is sufficient concern that he/she may be faced with imminent fear in returning to the Republic of Korea due to Pakistan, and the disposition of this case, which 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 In the interview investigation, the Plaintiff is at the time of the visit to Pakistan on September 2014.

arrow