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(영문) 부산지방법원 2017.06.29 2017구합16
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 January 28, 2004, the Plaintiff applied for refugee recognition to the Defendant on July 9, 2015, after entering the Republic of Korea with the status of sojourn for industrial training (D3-2) on January 28, 2004.

B. On August 26, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on August 27, 2015, but rendered a final decision to dismiss the Plaintiff’s application on December 22, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1-3 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that Suwon-do, Suwon-do, U.S., asserting that it had ownership of the Islamic member in the direction of the Plaintiff in Pakistan-do in 2003, the Plaintiff threatened his father, killed the Plaintiff’s private village, and led the Plaintiff to total shooting on the vehicles on which the Plaintiff was born.

Since then, although both the plaintiff and his family have moved to another area, they were threatened by telephone.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is unable or does not want to be protected from such fear to return to the country in which he/she had resided before entering the Republic of Korea,

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