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(영문) 제주지방법원 2018.01.24 2017구합200
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 Korea on March 15, 2016 and applied for refugee status on March 23, 2016.

B. On May 19, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the said application on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined a political and religious organization as a squerelar slock, and went out to the election of the State Council, but was threatened with and threatened with the murder by the extreme slateral organization, such as the slives of the State Council.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful, since the Plaintiff’s return to Pakistan is likely to be detrimental again.

(b) as shown in the attached Form of the relevant statutes;

C. 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, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status, includes threats to life, body or freedom, thereby seriously infringing on the essential human dignity.

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