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(영문) 광주지방법원 2019.08.21 2019구단524
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. On November 26, 2016, the Plaintiff entered the Republic of Korea with the nationality of the Islamic Republic of Pakistan (hereinafter “Skistan”), and applied for refugee status to the Defendant on December 30, 2016, with the short-term visit (C-3) sojourn status.

B. On September 20, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on October 17, 2017, but the Minister of Justice dismissed the objection on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he participated in the exercise of a hydro-wave as a hydro-wave. At the time, the Plaintiff was punished for murdering a man who was at the time, and reported the perpetrator as an witness to the police.

As a result, the plaintiff was threatened by threat, such as being subject to the total attack from the Pacifics, and if the plaintiff returned to Pakistan, there is a risk of being killed from the Pacifics, so the plaintiff's life is in danger of being endangered.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, for refugee status on the grounds of race, religion, nationality, status as a member of a specific social group or political opinion.

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