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(영문) 부산지방법원 2017.07.20 2017구합832
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 July 6, 2004, the Plaintiff applied for refugee recognition to the Defendant on June 16, 2015, after entering the Republic of Korea with the status of sojourn for industrial training (D3-B) on July 6, 2004.

B. On August 19, 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] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In around 2004, the Plaintiff’s assertion was made by murdering the Plaintiff’s private village, the manager of the said employee, who was the manager of the said employee in order to take away the Islamic son in the direction of the Plaintiff in Pakistan, and the Plaintiff, the Pacificdo, was also taking a total action against the Plaintiff, and threatened the Plaintiff by telephone on several occasions.

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 by the country of nationality 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 particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparagraph 1 of the Refugee Act). All of the evidence and arguments mentioned above shall be admitted.

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