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(영문) 부산지방법원 2019.02.13 2018구단2104
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. (1) On July 30, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality, and applied for refugee status to the Defendant on August 8, 2017. As to this, on August 24, 2017, the Defendant rendered a disposition not to grant refugee status (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have a well-founded fear that the Plaintiff would suffer from persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

B. The Plaintiff filed an objection against the instant disposition with the Minister of Justice on September 5, 2017, but the Minister of Justice dismissed the said objection on September 14, 2018.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The plaintiff's assertion is a party member of Pakistan's B political party, and the Pakistan's government defines B political party as a group of insurrection and threatens party members.

Accordingly, the plaintiff applied for refugee status because it is likely to harm his/her life and body if he/she returns to Pakistan. The disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected 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 foreigner who is not a national who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act. In such cases, “persecution” which is a requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and such fear may be deemed as “an act causing serious infringement or discrimination on the essential human dignity

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