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(영문) 광주지방법원 2019.06.12 2018구단2165
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 August 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 September 12, 2016, with the short-term visit (C-3) sojourn status.

B. On August 18, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear that is likely to suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) 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 September 4, 2017, but the Minister of Justice dismissed the objection on September 14, 2018.

[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. The Plaintiff asserted that the Plaintiff joined a political party B of Pakistan in around 1998 and participated in various activities, such as participating in the labor problem-related demonstration as a regional manager of Pakistan from around 2016, and raising money at the time of flood, etc. In around 2016, the Plaintiff’s mother, who was presumed to be under C, died of the Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Therefore, if the plaintiff returned to Pakistan, even though the plaintiff's life is in a dangerous condition, the defendant's disposition that did not recognize the plaintiff as a refugee should be revoked as unlawful.

B. Determination 1 of the Refugee Act refers to matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol.

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