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(영문) 대구지방법원 2019.05.17 2019구단45
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 September 25, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality as a short-term visit (C-3). On October 16, 2017, the Plaintiff applied for refugee status to the Defendant.

B. On October 18, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on October 18, 2017, but the said objection was dismissed on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had a dispute with the noise caused by the exercise of the Sim-Madlim on September 25, 2016. However, on the next day, the Plaintiff abused the Plaintiff and his father as a tree-proof net, and took the total attack.

In the event that the plaintiff returns to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of being harmed by the reason of religion as above.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status includes threats to life, body or freedom.

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