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(영문) 부산지방법원 2017.12.07 2017구합22313
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 February 18, 2009, the Plaintiff applied for refugee recognition to the Defendant on June 16, 2015, after entering the Republic of Korea with the status of stay for fishery (E9-4) on February 18, 2009.

B. On June 29, 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 that would be subject to persecution” as a requirement of refugee 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 7, 2015, but rendered a final decision to dismiss the Plaintiff’s application on December 22, 2016.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s alleged PMFN (Pakistan Musslaz (Nwaz at Lawast price) was the legitimate support entity of the PPP (Pakistan Pevisy) at the time of an election on January 2, 2008, and had a serious body fighting with the legitimate support entity at the time of an election.

After all, there is still a dispute between the PP party supporter and the PLN party supporter, and the PP party supporter continues to threaten the plaintiff.

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). Each of the evidence mentioned above.

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