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(영문) 대구지방법원 2018.04.06 2018구단24
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 July 10, 2015, the Plaintiff entered the Republic of Korea with a visa on a short-term visit (C-3) on July 10, 2015, and applied for refugee status to the Defendant on October 5, 2015.

B. On March 2, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be detrimental to persecution” as stipulated in 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 March 28, 2017, but the said objection was dismissed on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion from around 2003, the plaintiff served as a member of the PTPP's political party. The plaintiff was a member of the PTPP party.

On June 20, 2015, the Minister of Strategy and Finance demanded the Plaintiff and the president to find money on June 20, 2015, and assaulted the Plaintiff and the president. On the 25th of the same month, the Minister of Strategy and Finance killed the president on the ground that the Plaintiff reported the instant case to the police, and threatened the Plaintiff and the Plaintiff’s family members on the ground that the Plaintiff was a witness of the said case.

If the plaintiff returned to Pakistan, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility that the plaintiff might be stuffed by the persons supporting the M QM.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of nationality countries due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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