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(영문) 인천지방법원 2020.10.30 2020구단2155
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 August 20, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3, and 30 days of stay) status on August 20, 2017, and applied for refugee status to the Defendant on September 19, 2017.

B. On November 12, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the Plaintiff’s assertion against the Plaintiff does not constitute “a sufficiently-founded fear of 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.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on December 27, 2018, but was dismissed on April 21, 2020.

[Reasons for Recognition] Facts without dispute and purport of whole pleading

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he was inherited the land from his father.

The plaintiff was threatened with the death of people in the absence of transfer of the land from a private village.

On March 2017, the Plaintiff stayed in the second degree of harm caused by his/her death. At this point, the Plaintiff filed an application for refugee status by escaping from Korea to Korea.

The defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful despite high possibility that the plaintiff would be stuffed in the event that the plaintiff returns to Pakistan.

B. 1) Article 1 and Article 2 Subparag. 1 of the Refugee Act, and the 1951 Convention on the Status of Refugees (hereinafter “Refugee Convention”)

(1) In full view of the provisions of Article 1 of this Act and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall apply to any foreigner who, owing to well-founded fear of being persecutiond on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, does not obtain the protection of the country of nationality or want the protection of the country of nationality, or who, owing to such fear, cannot return to or does not want to return to the country in which he had resided before entering the Republic of Korea.

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