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(영문) 광주지방법원 2017.09.14 2017구단933
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 May 24, 2015, the Plaintiff, a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), entered the Republic of Korea on a short-term visit (90 days of stay period) and applied for refugee recognition on August 19, 2015, when the period of stay expires.

B. On September 22, 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 September 22, 2016, the Plaintiff filed an objection with the Minister of Justice on September 22, 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. From 2007 to 2013, the Plaintiff’s assertion was made to act as a political party member of Pakistan (PAKSN MOLI LES) from the 2007 to 2013, and changed the party membership to PTS (hereinafter “PTPP”) around 2013. The instant disposition that did not recognize it on a different premise is unlawful. The Plaintiff’s change of party membership was made to escape by assault and threat from the members of the PMFN political party on the ground of the change of party membership. Accordingly, there is a sufficient concern that it would be imminent for the Plaintiff to go home due to Pakistan, and there is a reasonable fear that it would be imminent, but 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, the Plaintiff shall be subject to persecution for reasons 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.

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