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(영문) 광주지방법원 2019.09.25 2019구단388
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 February 9, 2017, the Plaintiff entered the Republic of Korea with the nationality of the Islamic Republic of Pakistan (hereinafter “Skistan”), and applied for refugee status to the Defendant on February 28, 2017, with the short-term visit (C-3) sojourn status.

B. On September 14, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear that would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on October 10, 2017, but the Minister of Justice dismissed the objection on November 29, 2018.

[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 plaintiff's assertion was made by the members of the Enitropha on the part of the Zinc and the part of the Zinc. The plaintiff was threatened by intimidation and the total attack from the part of the Pacifics. When the plaintiff returned to Pakistan, the plaintiff has a risk of suffering from persecution continuously.

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. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, a foreigner who is unable or does not want to be protected from a country of nationality due to well-founded fear to recognize that he/she may be injured by reasons of race, religion, nationality, status as a member of a particular social group or political opinion, or political opinion, or due to such fear.

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