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(영문) 부산지방법원 2016.10.20 2016구합3223
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On October 19, 2012, the Plaintiff was able to enter the Republic of Korea as the nationality of the Islamic Republic of Pakistan (Islamistan, hereinafter referred to as “Skististan”) (C-3) and stay as the said status of stay until January 17, 2013.

On April 10, 2015, the Plaintiff filed an application for refugee status with the Defendant on the ground that the Plaintiff was threatened by robbery as an examiner prepared in Pakistan. However, on June 22, 2015, the Defendant denied refugee status on the ground that the Plaintiff’s assertion does not constitute a well-founded fear that persecution would be harmful (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 22, 2015, but was dismissed on May 31, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, and the purport of the entire argument as to legitimacy of the disposition of this case in Pakistan, the plaintiff asserted that the plaintiff was an examiner in Pakistan at the time of his entry into the Republic of Korea, which was threatened by the articles prepared by the plaintiff. After entering the Republic of Korea, the plaintiff's family and branch members in Pakistan moved into the Republic of Korea, and thereafter, the plaintiff's application for refugee status was made because he would die if he did not believe that he would die again. The disposition of this case, which did not recognize the plaintiff as a refugee, was unlawful.

The attached details of the relevant statutes shall be as specified in the statutes.

Judgment

“Refugee” means a foreigner who is unable or does not want to be protected by a State of his/her 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, due to such fear, is unable to return to, or want to return to, the State in which he/she resided before entering the Republic of Korea.

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