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(영문) 부산지방법원 2021.01.13 2020구단1821
난민불인정처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On July 11, 2013, the Plaintiff entered the Republic of Korea with the status of stay for professional employment (E-9) as a foreigner with the nationality of Pakistan, and applied for refugee recognition to the Defendant on June 1, 2018.

B. On November 15, 2018, the Defendant rendered a decision not to grant refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

(c)

The Plaintiff filed an objection against the instant disposition with the Minister of Justice on December 12, 2018, but the said objection was dismissed on April 21, 2020, and the Plaintiff was notified of the decision to dismiss the said objection on June 17, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff, as a party member B, engaged in an election campaign, such as subsidizing funds at the time of election in 2015, developing a ticket, and encouraging the said party to vote, and accordingly, the Plaintiff was subject to tearing and assaulting clothes from the C party members, and died.

was threatened.

The plaintiff had entered the Republic of Korea and applied for refugee status by avoiding such threat, but the disposition of this case which did not recognize the status of refugee to the plaintiff is unlawful.

B. (1) Determination (1) The term “victim” is likely to be detrimental on grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.

A foreigner who is unable to obtain, or does not want to receive, the protection of a country of nationality due to well-founded fear of fear, or a person who is unable or does not want to return to a country in which he resided before entering the Republic of Korea.

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