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(영문) 부산지방법원 2018.08.10 2018구단20690
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. The Plaintiff initially entered the Republic of Korea on August 10, 2005, as a foreigner of Pakistanan nationality, and applied for refugee status to the Defendant on August 28, 2015.

B. Accordingly, on June 29, 2016, the Defendant rendered the instant disposition rejecting the recognition of refugee status on the grounds that the Plaintiff cannot be deemed to have “probly-founded fears that would be harming the status of refugee” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 4, 2016, but was dismissed on December 7, 2017.

[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. The gist of the Plaintiff’s assertion is that the Plaintiff filed an application for refugee status on the ground that the Plaintiff could not return to Pakistan on the ground of assault, etc. from the Simshot to the Simshot on the ground that during the period of his leave in Pakistan around 2010, the Plaintiff could not be seen as a refugee. The instant disposition that 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 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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