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(영문) 대구지방법원 2017.03.23 2017구합215
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 October 13, 2010, the Plaintiff entered the Republic of Korea as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and filed an application for refugee status with the Defendant on August 3, 2015, before the expiration of the period of stay (E-2 August 12, 2015).

B. On May 9, 2016, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be subject to persecution,” which is a requirement for refugee status.

C. On May 31, 2016, the Plaintiff filed an objection with the Minister of Justice on May 31, 2016, but the objection was dismissed on December 22, 2016.

【Facts without dispute over the grounds for recognition, entry of Gap's evidence 1 through 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was the belief of the Islamicus at the time of the residence of the Pakistan. On March 2, 2015, the Plaintiff was threatened with the threat that “I will die without being opened to the Simphal wave.”

Therefore, the disposition of this case which rejected the Plaintiff’s application for refugee status is unlawful, since the Plaintiff’s return to Pakistan is likely to be persecution.

(b) The definitions of terms used in this Act under relevant Acts and subordinate statutes shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. The phrase “gambling” which serves as the requirement for recognition of refugee status 1 is either life, body, or life.

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