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(영문) 광주지방법원 2019.05.15 2018구단2103
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 October 29, 2016, 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 November 30, 2016, with the short-term visit (C-3) sojourn status.

B. On October 20, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear of persecution” as a requirement of refugee under 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 November 17, 2017, but the Minister of Justice dismissed the objection on September 3, 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 that there was about 20 years of a religious meeting of the Simpath of Simpath of Simpath of Simpath of Simpath of Simpath of Simpath of Simpath of her activities such as preparation of meals, cleaning, etc., and as a result, it is threatened with murder from Nrpath of Simpath.

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. However, a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear to recognize that he/she may be injured by reasons of race, religion, nationality, membership of a particular social group or political opinion, or a foreigner who has resided in the Republic of Korea due to such fear, cannot return to the country in which he/she had resided before entering the Republic of Korea.

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