logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.12.23 2016누22858
난민불인정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The issues of the instant case and the judgment of the court of first instance

A. On May 14, 2015, the Plaintiff, the key issue of the instant case, filed an application for refugee status with the Defendant on May 14, 2015, but the Defendant, on July 10, 2015, issued a refugee status non-recognition disposition (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized as the grounds such as “not being able to be protected by the country of nationality due to well-founded fear of being recognized as persecution” under Article 2 subparag. 1 of the Refugee Act.

The key issue of this case is whether the Plaintiff is a refugee under Article 2 (1) of the Refugee Act.

(b) “Refugee” in Article 2 subparag. 1 of the Refugee Act of the court of first instance refers to a foreigner who, owing to a well-founded fear to recognize that he/she is likely to be detrimental on grounds of race, religion, nationality, membership of a particular social group, or political opinion, is unable to obtain protection of his/her country of nationality or who does not want to receive such protection, or a national who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering

The term "" is defined as ".

2. In full view of the following circumstances: (a) evidence and evidence set forth in the judgment of the first instance court and evidence No. 4 added to the purport of the entire pleadings; (b) the Plaintiff had been engaged in job-seeking activities after entering the country; (c) the Plaintiff was in an illegal stay; (d) the Plaintiff was not known that the Plaintiff was forced due to a difference in political opinions in Pakistan; and (c) the government of Pakistan seems to be able to provide protection to the Plaintiff; and (d) the disposition of this case for which the Plaintiff did not accept the Plaintiff’s application for refugee status is lawful.

2. The judgment of this court and the plaintiff citing the judgment of the court of first instance are likely to suffer from persecution in a case where he returns to Pakistan.

arrow