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(영문) 광주지방법원 2020.08.20 2020구단964
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. On January 17, 2018, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan (C-3, the period of stay 30 days) and applied for refugee status on February 9, 2018.

B. The defendant 2019

3.6. On April 5, 2019, the Plaintiff rendered a decision to recognize refugee status on the ground that it cannot be recognized “a well-founded fear that she would suffer from 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 (hereinafter “instant disposition”). The Plaintiff appealed to the Minister of Justice on April 5, 2019, but the said objection was dismissed on February 6, 2020 and served on the Plaintiff on February 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff provided the land owned by the Plaintiff to establish a church in Pakistan for the believers, and the Islamic believers in the village committed assaulting to the Plaintiff by finding the Plaintiff and providing the land on December 2017.

If the plaintiff returned to Pakistan, it is likely that the plaintiff might be harmed as above, so the plaintiff should be recognized as a refugee.

B. (1) Under the relevant legal doctrine, the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol. It defines that “A foreigner who is unable or does not want to receive protection of his/her country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who is a state of nationality unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear.”

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