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(영문) 대구지방법원 2016.09.08 2016구합1181
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 July 17, 2015 on a short-term visit (C-3) status as a foreigner of the nationality of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and obtained permission for extension of the period of stay two times on two occasions. On September 24, 2015, the day before the expiration date of the period of stay, the Plaintiff filed an application for refugee status with the Defendant.

B. On October 20, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution,” which is a requirement for refugee status.

C. On November 27, 2015, the Plaintiff filed an objection with the Minister of Justice on November 27, 2015, but the objection was dismissed on March 23, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was against the disposition of this case that rejected the Plaintiff’s application for refugee status is unlawful, since the Plaintiff’s return to Pakistan is likely to be detrimental to the Islamic Do in the event that he/she was killed in the course of his/her religious gathering at his/her own house and went back to the Republic of Korea as a result of the attack of the Islamic Do through the attack of the Islamic Do.

(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 wish to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is not entitled or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “orthing country”) due to such fear;

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