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(영문) 부산지방법원 2017.08.24 2017구합1606
난민불인정처분취소
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. On December 31, 2015, the Plaintiff filed an application for refugee status with the Defendant on April 14, 2016, after entering the Republic of Korea as a foreigner with the nationality of Pakistan (C3-4) sojourn status for ordinary use (C3-4).

B. On May 11, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on May 17, 2016, but rendered a final decision to dismiss the Plaintiff’s application on October 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1-4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Around 2010, the Plaintiff, who was the Plaintiff’s assertion of the fact that the Plaintiff was a small number of shots in the Pakistan, was shots, and suffered intimidation and total damage to the Plaintiff’s shots unless re-routing from the shots.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality 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 particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 Subparag. 1 of the Refugee Act). Fully considering the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire arguments:

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