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(영문) 부산지방법원 2019.02.20 2018구단2302
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 February 6, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality, and applied for refugee status to the Defendant on February 27, 2017. As to this, on March 13, 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 August 25, 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 alleged that he was a party member B and was subject to assault and confinement by C and request for information from C to a political party, and if he returned to Pakistan, he would be likely to cause harm to the life and body of C again. 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 a refugee 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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