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(영문) 대구지방법원 2017.03.17 2016구합2702
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 refugee application - Plaintiff’s nationality: Islamic Republic of Pakistan (hereinafter “Pakic Republic”): entry: short-term visit (C-3) on December 2, 2015 (date when stay expires: January 1, 2016) - Application for Refugee Recognition: December 29, 2015.

The defendant's decision not to recognize refugee status (hereinafter referred to as the "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 February 15, 2016, the Plaintiff served a notice of decision of dismissal on December 12, 2016 as dismissed on September 9, 2016 [based on recognition] and served on the Minister of Justice on December 12, 2016, and the purport of the entire pleadings is as follows: Gap evidence 1 through 3 (including each number; hereinafter the same shall apply); Eul evidence 1 through 3; Eul evidence 1 through 3.

2. Whether the instant disposition is lawful

A. On November 9, 2013, the Plaintiff’s assertion that the form of the Plaintiff and the Plaintiff’s assertion was the recipient of the PTPP political party, and around November 9, 2013, the form of the punishment supporting the PMF-N political party (hereinafter “victim”) murdered the form of the Plaintiff and reported it to the police, and the Plaintiff threatened the Plaintiff, such as the offender’s withdrawal of the report and intimidation. Therefore, if the Plaintiff returned to Pakistan, it is likely that the perpetrator might be subject to persecution.

The terms used in this Act shall be defined 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");

B. Relevant statutes

C. The phrase “gambling” which serves as the requirement for recognition of refugee status 1 is either life, body, or life.

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