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(영문) 광주지방법원 2019.06.12 2019구단166
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, who is a national of the Islamic Republic of Pakistan (hereinafter “Skistan”), was residing in the Republic of Korea from July 20, 2007 as non-professional employment (E-9), and filed an application for refugee status with the Defendant on November 10, 2017.

B. On November 24, 2017, the Defendant rendered a decision not to recognize 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 sufficiently-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 December 18, 2017, but the Minister of Justice dismissed the objection on November 29, 2018.

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

2. Whether the instant disposition is lawful

A. A. Around October 2016, the Plaintiff’s assertion by the Plaintiff was supported by the past Party B, and changed the support party to C to a political party, and thereafter, there is a threat that people belonging to B would kill the Plaintiff’s her her her her her her and her family.

Accordingly, the plaintiff was requested to apply for refugee status because he returned to Pakistan. The defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked as unlawful.

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. Foreigners who do not want to be protected or to be protected by their nationality due to well-founded fear of recognizing that their status, treatment, etc. may be harmed by reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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