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(영문) 부산지방법원 2018.02.02 2017구합2708
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) Plaintiff’s entry into the Republic of Korea and refugee application - Nationality: the Islamic Republic of Pakistan (hereinafter “Pakistan”) - Entry and refugee application: Application for refugee status on August 29, 2016, on December 1, 2016

B. On December 12, 2016, the Defendant’s decision to recognize refugee status (hereinafter “instant disposition”) - Grounds: It cannot be recognized that the applicant has a sufficiently-founded fear that the applicant would suffer from persecution.

C. Plaintiff’s objection - Formal objection to the Minister of Justice on January 11, 2017 – the fact that there is no dispute on the dismissal decision (based on recognition) on April 21, 2017, the entries in Gap 1, 2, Eul 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On May 2014, the Plaintiff asserted that the beauty room business owner, etc., who was invested from the Plaintiff’s denial and refused to return the investment money, reported to the police and arrested the said people. Since then, the Plaintiff reported the damage and threatened the Plaintiff. Accordingly, the Plaintiff became the Republic of Korea affected the said intimidation.

Therefore, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful, since the Plaintiff’s return to Pakistan is highly likely to be subject to intimidation.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from 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 specific 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).

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