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(영문) 대구지방법원 2019.05.17 2019구단458
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 May 1, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality as a short-term visit (C-3). On May 25, 2017, the Plaintiff applied for refugee status to the Defendant.

B. On June 9, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be detrimental to persecution” as stipulated in 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 July 13, 2017, but the said objection was dismissed on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that he resided in a carhouse area in his home country and supported B party, and on the grounds that the plaintiff supported B party and pointed out the error of C party, the plaintiff was faced with the total attack from C support on September 21, 2004 and March 3, 2006 on two occasions, and was given a warning from the head of the regional political party that "I would not talk about C" at that place.

In the event that the Plaintiff returned to his home country, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee despite the risk of persecution on the grounds of political opinion as above is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.

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