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(영문) 광주지방법원 2017.11.16 2017구단1424
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff, who is a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), is a foreigner of the Islamic Republic of Pakistan 2016

1. 15. Short-term visit (30 days of stay period) entered the Republic of Korea and applied for refugee recognition to the Defendant on January 21, 2016.

B. On October 21, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution, which is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On November 15, 2016, the Plaintiff filed an objection with the Minister of Justice on November 15, 2016, but was dismissed on April 21, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff, who supported the PTPP party since 1996 alleged by the Plaintiff, was injured by the attack of the legitimate applicants of the PMFN during the election of the President of Pakistan in 2013 and the promotional activities of the PTPP party. Therefore, the instant disposition that did not recognize it on a different premise is unlawful, even though there is sufficient concern that it would be imminent for the Plaintiff to return to the Republic of Korea due to Pakistan to the Republic of Korea, and it is a reasonable fear.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

(1) There is no objective evidence supporting the plaintiff's assertion.

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