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(영문) 부산지방법원 2016.05.27 2016구합21115
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. The Plaintiff entered the Republic of Pakistan on December 2, 2004 with the status of industrial training (D3-2) (D3-2) and left the Republic of Pakistan on November 21, 2007. On February 29, 2008, the Plaintiff returned to the Republic of Pakistan for an illegal stay in Korea from February 2011 to February 17, 2015, and filed an application for refugee status with the Defendant on February 17, 2015.

B. On June 4, 2015, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution as a refugee under 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 June 5, 2015, but the said objection was dismissed on September 24, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion and his family members were the applicants of the PTPP. While the Plaintiff engaged in job-seeking activities in Korea, the members of the PMFN threatened the Plaintiff’s remaining students of the Republic of Pakistan with “a speech not supporting the PTPP political party.” On December 2009, when the Plaintiff visited Pakistan on or around December 2009, PMFN members called the Plaintiff to “a speech that they would not support the PTPP political party” and carried out physical fighting.

As such, the disposition of this case rejecting the Plaintiff’s application for recognition of refugee status is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” is a well-founded fear that there is a sufficient basis to recognize that a person may be injured for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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