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(영문) 부산지방법원 2016.10.27 2016구합3575
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On March 9, 2011, the Plaintiff was able to enter the Republic of Korea with the status of non-professional employment (E-9) sojourn on March 9, 201 and stay as the above status of sojourn until January 9, 2016, with the permission for extension of the number of times.

On January 4, 2016, the Plaintiff filed an application for refugee recognition with the Defendant on the ground that the Plaintiff was the support recipient of PTI (Pkistan Tek-e-Sat), and that there was a threat from the party members of the PMLN (Pakist Musist Lagle-Nawz), but the Defendant rejected refugee recognition on the ground that the Plaintiff’s assertion on January 14, 2016 does not constitute a well-founded fear that is likely to suffer persecution (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 12, 2016, but was dismissed on September 9, 2016.

[Ground of recognition] The plaintiff's assertion as to the legitimacy of the disposition of this case as to facts without dispute, Gap's evidence Nos. 1, 2, Eul's evidence Nos. 1 and 2, and the purport of the whole argument is a PTS party member. The plaintiff's assertion as to the legitimacy of the disposition of this case is a PTRN party member. The plaintiff's request for refugee status by threatening and threatening the plaintiff's and family members, and the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

The attached details of the relevant statutes shall be as specified in the statutes.

Judgment

“Refugee” means a foreigner who is unable or does not want to be protected by a State of his/her nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, membership 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 State in which he/she resided in the Republic of Korea before entering the Republic of Korea.

(Article 2 subparagraph 1 of the Refugee Act). The requirements for recognition of refugee status are met.

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