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(영문) 대구지방법원 2018.05.30 2018구단734
난민불인정처분취소
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 Korea with a visa on June 15, 2015 (C-3) as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on June 22, 2015.

B. On April 8, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on May 12, 2016, but the said objection was dismissed on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-4, Eul evidence 1-4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion filed a lawsuit around January 2014 in order to prevent the Plaintiff’s parent-surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgs from withdrawing the lawsuit on December 30, 201

If the plaintiff returned to Pakistan, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of persecution for the above reasons.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, it is within the territory of the Republic of Korea that is unable to obtain the protection of the country of nationality or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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