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(영문) 광주지방법원 2019.08.21 2019구단494
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 November 19, 2016, the Plaintiff entered the Republic of Korea with the nationality of the Islamic Republic of Pakistan (hereinafter “Skistan”), and applied for refugee status to the Defendant on December 15, 2016, with the short-term visit (C-3) sojourn status.

B. On October 18, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on October 18, 2017, but the Minister of Justice dismissed the objection on February 14, 2019.

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

2. Whether the instant disposition is lawful

A. On June 17, 2014, the Plaintiff asserted that he participated in the Government Demonstration on the part of B organization’s support. At the time, the police took a total attack against the participants of the demonstration, including the Plaintiff, at the stage of demonstration, and the police did not receive the report from the police, but did not receive the report. Rather, the Plaintiff threatened the Plaintiff to murder if he reports again, and was subject to intimidation several times thereafter.

Therefore, in the event that the plaintiff returns to his home country, there is a risk that the government of his home country or the police would be stuffed. Nevertheless, the defendant's disposition that the plaintiff did not recognize as a refugee should be revoked as unlawful.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention, the Refugee Protocol, etc., and the status as a member of a particular social group for refugees.

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