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(영문) 부산지방법원 2018.08.10 2018구단320
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 June 10, 2016, the Plaintiff entered the Republic of Pakistan as a foreigner of his/her nationality, and applied for refugee status to the Defendant on July 26, 2016. However, on April 12, 2017, the Defendant rejected the instant disposition rejecting the Plaintiff’s refugee status on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that he/she would suffer persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

B. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on May 18, 2017, but was dismissed on December 7, 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 U.S. Islamic, and the Plaintiff entered the Republic of Korea and applied for refugee status by intimidation from Islamic Espaspaspaspaspaspaspaspaspaspaspaspaspaspaspaspaspaspaspaspaspaspaspas, after going into the restaurant. The instant disposition that did not recognize the Plaintiff as a refugee

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group or political view, or a foreigner who is not a national who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act. In such cases, “persecution” which is a requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and is subject to such persecution.

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