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(영문) 대구지방법원 2019.05.17 2019구단403
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 April 11, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality as a short-term visit (C-3). On April 25, 2016, the Plaintiff applied for refugee status to the Defendant.

B. On July 13, 2017, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” as stipulated in 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 August 4, 2017, but the said objection was dismissed on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion and father were the supporter B, and the Plaintiff did not join a political party, but did not join the political party. On October 31, 2015, the local election was conducted, demanding C support by 4-5 persons supported C, and assaulted the Plaintiff.

In the event that the Plaintiff returned to his home country, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee despite the risk of persecution on the grounds of political opinion as above is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status includes threats to life, body or freedom.

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