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(영문) 광주지방법원 2017.10.19 2017구단1349
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On January 15, 2016, the Plaintiff, a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), entered the Republic of Korea as a sojourn status of short-term visit (30 days during the stay period) and applied for refugee status to the Defendant on January 17, 2016.

B. On October 25, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution, which is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On October 25, 2016, the Plaintiff filed an objection with the Minister of Justice on October 25, 2016, but was dismissed on April 21, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff supported PTPP from around 2011. Since around 2015, the Plaintiff’s assertion that the PMFN party sought in the PTPP’s office and forced the Plaintiff to suspend his/her business operations, and even thereafter, the Plaintiff was threatened on the ground that he/she continued to refuse the solicitation of the members of the PMFN party. Accordingly, there is sufficient concern that the Plaintiff would be imminent fear of gambling when he/she returned to the Republic of Korea with Pakistan and that it is a reasonable fear. However, the instant disposition that did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion,” even if all of the evidence and arguments submitted by the Plaintiff were considered. It is difficult to deem otherwise.

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