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(영문) 부산지방법원 2019.02.20 2018구단1842
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. (1) On June 26, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality, and applied for refugee status to the Defendant on July 18, 2017. As to this, on September 12, 2017, the Defendant rendered a disposition not to grant refugee status (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have a well-founded fear that the Plaintiff would suffer from persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

B. On September 13, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on September 14, 2018.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was the Supporting Party B from the middle school to the middle school, and that time fell from B party upon the decline of B party depending on the flow.

After that, the plaintiff could no longer live in Pakistan by intimidation from the parties B, and applied for refugee status with the Republic of Korea. The disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act. In such cases, “persecution” which is a requirement for recognition of refugee status refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom.”

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