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(영문) 대구지방법원 2016.08.26 2016구합942
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) The plaintiff's nationality: the Islamic Republic of Pakistan (hereinafter referred to as "Pakistan");

B. On March 26, 2012, the Plaintiff owned a visa (F-3) accompanied by his father B, who was living in Korea, and entered Korea (F-3 on June 24, 2014) and obtained permission for extension of the period of stay twice. However, on October 28, 2013, the Plaintiff’s application for extension of the status of stay to trade management (D-9) qualification was rejected as the Plaintiff’s father’s application for extension of the status of stay was rejected. The Defendant et al. issued a non-permission notice to extend the period of stay to the Plaintiff’s father, and the administrative agency, including the Defendant, issued the Plaintiff and his father, issued an administrative appeal seeking revocation of the disposition of refusal of status of stay alteration to the Central Administrative Appeals Commission on November 7, 2013, and the departure period was postponed until the expiration of the departure period until May 10, 2014.

C. On April 29, 2014, the Plaintiff and the Plaintiff’s father filed an application for refugee status with the Defendant on May 30, 2014, when they had been dismissed by the Central Administrative Appeals Commission for about 20 days prior to the grace period.

On October 26, 2015, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot recognize a well-founded fear that she would suffer from gambling.

E. The Plaintiff filed an objection with the Minister of Justice on November 23, 2015, but the said objection was dismissed on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father, who was a party member, was admitted to PML-N (Pakist Musist Mussat Price-Nawz (hereinafter “PML-N”), of the Plaintiff’s alleged Pakistan, was threatened by several threats from the competent political parties belonging to the said political party.

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