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(영문) 부산지방법원 2019.01.23 2018구단1699
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 June 27, 2006, the Plaintiff first entered the Republic of Korea as a foreigner of Pakistan’s nationality, and applied for refugee status to the Defendant on August 25, 2015. As to this, on May 17, 2017, the Defendant rendered a disposition denying 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. On May 23, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on June 12, 2018.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff applied for refugee status to the United States of Pakistan because he could not live in the state of the U.S. nationality, which is a slicker, because he was married to the state of the U.S. nationality, which is a slicker, and applied for refugee status to reside in the Republic of Korea before entry into the United States becomes final and conclusive. The disposition of this case that did not recognize the plaintiff as a refugee

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 specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (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.”

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