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(영문) 부산지방법원 2017.04.06 2016구합4653
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. The Plaintiff, a foreigner with the nationality of Pakistan, entered the Republic of Korea on September 3, 2008 under the status of sojourn in the manufacturing industry (E9-1) on September 3, 2008, and applied for refugee status to the Defendant on January 8, 2015.

B. On August 17, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-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, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on August 26, 2015, but rendered a final decision to dismiss the Plaintiff’s application on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has operated a part-time member at the time of Pakistan, and continues to send the Plaintiff’s letter of demand for money and homicide on the ground that the Plaintiff was threatened by a terrorist organization on the ground that the Plaintiff was a part-time member, and even after being threatened with the Plaintiff’s demand for money and murder.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner 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 Republic of Korea.

(Article 2 subparagraph 1 of the Refugee Act). All of the evidence and arguments mentioned above shall be admitted.

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