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(영문) 대구지방법원 2017.05.30 2017구합901
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 6, 2005, the Plaintiff initially entered the Republic of Pakistan as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”)’s nationality on the basis of the sojourn status of industrial training (D-3) on September 6, 2005, and entered the Republic of Pakistan on August 30, 2008. On October 16, 2008, the Plaintiff entered the Republic of Korea as a non-professional employment (E-9) sojourn status again on October 16, 2008, and after the expiration of the sojourn period (E-7, 2011) and was illegally staying in the Republic of Korea on December 6, 2013, the Plaintiff obtained permission to change the status of stay to other (G-1) industrial accidents on December 6, 2013 while illegally staying in the Republic of Pakistan. The Plaintiff filed a lawsuit for damages (industrial accidents) on March 31, 2014, and obtained permission for change to the status of stay

On April 2, 2014, the Plaintiff went into the Republic of Korea on June 27, 2014, and re-entry the Republic of Korea on June 27, 2014, and applied for refugee status to the Defendant on May 11, 2015 while the Plaintiff illegally stayed in Korea after the expiration of the period of stay ( December 30, 2014).

B. On November 13, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution,” which is a requirement for refugee status.

C. On December 2, 2015, the Plaintiff filed an objection with the Minister of Justice on December 2, 2015, but the objection was dismissed on February 24, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul No. 1, 2, and 4, the purport of all pleadings

2. Whether the instant disposition is lawful

A. On April 2014, the Plaintiff asserted that he/she tried to hold a house in the name of his/her father by returning to Pakistan. The Plaintiff’s private villages of the Plaintiff, who received support from his/her father, demanded that he/she renounces his/her ownership and that he/she would die in the Republic of Korea.

Therefore, the plaintiff's application for refugee status is not accepted because it is likely for the plaintiff to be stuffed in case of returning to the country with Pakistan.

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