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(영문) 부산지방법원 2018.08.10 2018구단20768
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. The Plaintiff initially entered the Republic of Korea on February 1, 2005, and applied for refugee status recognition to the Defendant on March 20, 2015. On June 15, 2016, the Defendant rejected the Plaintiff’s refugee status recognition on the ground that the Plaintiff cannot be deemed as having sufficiently-founded fear that the Plaintiff would suffer from persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

B. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 14, 2016, but was dismissed on December 7, 2017.

[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 gist of the Plaintiff’s assertion was when the Plaintiff visited Pakistan in January 2015, which was the subject of investigation by the police, and the police did not return to the Pakistan and applied for refugee recognition. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is not able to return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and such persecution is sufficient.

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