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(영문) 부산지방법원 2019.02.13 2018구단1743
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 April 16, 2015, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality, and applied for refugee status to the Defendant on July 18, 2016. As to this, on July 4, 2017, the Defendant rendered a disposition not to grant 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 July 10, 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 September 14, 2018.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion and his family members supported B political parties for a long time, and they were assaulted by B political parties on the grounds that they changed the support political party in 2014 into C party, and if the Plaintiff returned to Pakistan, it would be likely to injure the lives and bodies of those parties B, and thus, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. 1) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or a stateless foreigner who, due 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 Republic of Korea (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of a refugee refers to serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.

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