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(영문) 대구지방법원 2017.09.27 2017구합1874
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. Plaintiff’s entry into the Republic of Korea and application for refugee recognition - Plaintiff’s nationality: Islamic Republic of Pakistan (hereinafter “Pakististan”): Entry: on May 22, 2015 (C-3) sojourn status on short-term visits (C-3): June 21, 2015); Application for refugee status: June 9, 2015

The defendant's decision not to recognize refugee status (hereinafter referred to as "disposition of this case") - Grounds: No sufficient fear of persecution cannot be recognized.

C. Although the Plaintiff filed an objection with the Minister of Justice on June 2, 2016, the Plaintiff was dismissed on April 21, 2017, and received a notice of dismissal decision on June 1, 2017, 【Ground for Recognition】 without dispute as to the facts, Gap’s evidence Nos. 1 and 2, and Eul’s evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is likely to be stuffed from the Plaintiff’s return to Pakistan, on the ground that the Plaintiff’s birth was treated by the Plaintiff, while the Plaintiff was in operation of a farm from around December 201 to three lessee, the Plaintiff notified the lessee of the expiration of the contract period on or around December 2013, but the lessee did not comply with the contract period, and the Plaintiff’s birth was treated by the Plaintiff and his family members.

(b) The definitions of terms used in this Act under relevant Acts and subordinate statutes shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected by the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. The phrase “gambling” which is a requirement for recognition of refugee status 1 is on life, body or freedom.

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