(영문) 부산지방법원 2018.05.30 2018구단20157

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(영문) 부산지방법원 2018.05.30 2018구단20157

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 12, 2012, the Plaintiff entered the Republic of Pakistan (C3-4) nationality and applied for refugee status to the Defendant on April 6, 2016. However, on April 26, 2016, the Defendant rendered the instant disposition rejecting the Plaintiff’s application for refugee status on the ground that the Plaintiff cannot be deemed to have “a sufficiently-founded fear of persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

B. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 28, 2016, but was dismissed on July 18, 2017.

[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 gist of the Plaintiff’s assertion is the person who is a legitimate support of the PTPP, and the Plaintiff applied for refugee status as it is impossible to return from Pakistan as a result of intimidation and assault to withdraw from the support party of the PMFN party. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who does not have to return to the country of his/her own residence before entering the Republic of Korea due to such fear or who does not want to return to the country of his/her own residence (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of refugee status may be deemed as “an act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and there is “a sufficient fear” subject to such persecution.

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-난민법 제2조 제1호

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