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(영문) 부산지방법원 2020.07.22 2020구단873
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 27, 2019, the Plaintiff entered the Republic of Pakistan as a national of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on July 31, 2019, with a short-term visit (C-3) capacity.

B. On February 12, 2020, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficient well-founded fear that the applicant would be subject to persecution” as a requirement of refugee status under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “Disposition of this case”). 【Ground for Recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1, No. 1, and No. 1 and No. 2

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has long been active as B's sponsor.

Since the suspension of support activities in 2007, B left the Republic of Korea with intimidation from party members.

In 2018, the Plaintiff operated the clothing sales store in C, which was forced by D to work in the same manner as that of the party concerned, and was threatened to die.

If the plaintiff returned to Pakistan, there is a well-founded fear that there is a well-founded basis for persecution for political reasons.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured by reasons of race, religion, nationality, membership of a particular social group, or political comments, are either foreigners who are unable to be protected by or do not want to be protected by the country of nationality, or those who, owing to such fear, have resided in Korea before entering Korea.

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