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(영문) 부산지방법원 2019.04.10 2018구단2401
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 29, 2016, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) status as a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), and applied for refugee status to the Defendant on December 20, 2016.

B. On September 25, 2017, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficient well-founded fear that the applicant would be subject to persecution” as a requirement of refugee status under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition on October 13, 2017, and filed an objection with the Minister of Justice, but was dismissed on November 29, 2018.

2. Whether the instant disposition is lawful

A. On July 2, 2017, the Plaintiff asserted that five males presumed to have been forced to go away from the new wall on July 2, 2017 were forced to receive money and valuables from five males, and the area in which the Plaintiff resides is anticipated to suffer additional damage due to unstable public order.

The Plaintiff’s situation constitutes a case where there is a well-founded fear to believe that the situation at issue is a member of a religion or a specific social group, and that there is a well-founded fear.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.

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