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(영문) 부산고등법원 2016.10.07 2016누21510
난민불인정결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The issues of the instant case and the judgment of the court of first instance

A. On February 17, 2015, the Plaintiff, the key issue of the instant case, filed an application for refugee status with the Defendant on February 17, 2015, but the Defendant, on June 5, 2015, rendered a disposition for refugee status refusal (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized as the grounds for “not being able to be protected by the country of nationality due to fear of sufficient grounds to recognize that he/she could be harmed” under Article 2 subparag. 1 of the Refugee Act.

The key issue of this case is whether the Plaintiff is a refugee under Article 2 (1) of the Refugee Act.

B. In light of the following circumstances acknowledged in the first instance court’s judgment based on the overall purport of evidence and arguments, even if all evidence and arguments submitted by the Plaintiff were considered, it is difficult to view that the Plaintiff “sufficiently based fear of persecution on the grounds of race, religion, nationality, membership of a specific social group or political opinion,” and there is no other evidence to acknowledge this differently, and thus, the instant disposition that did not recognize the Plaintiff as a refugee is lawful.

1) Even if there is a risk of gambling alleged by the Plaintiff, it is difficult to find out data that the Pakistan government is unable to provide the public with adequate judicial protection against criminal acts, such as intimidation, so the Plaintiff appears to be able to escape from the threat alleged by the Plaintiff by requesting relief from the judicial authority of Pakistan, or by moving to other areas within Pakistan in the event the relief by the judicial authority is insufficient. 2) Family members including the Plaintiff’s birth live safely in Pakistan, and the Plaintiff left Korea on June 8, 2015 and obtained a new passport from Pakistan on June 17, 2015 after filing the application for refugee recognition.

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