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(영문) 대구지방법원 2018.05.30 2018구단697
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. The Plaintiff entered the Republic of Korea on December 15, 2015 with a visa of short-term visit (C-3) (hereinafter referred to as “C-3”) as a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), and filed an application for refugee status with the Defendant on December 29, 2015.

B. On February 16, 2017, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from 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 March 13, 2017, but the said objection was dismissed on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-4, Eul evidence 1-4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On January 30, 2015, the Plaintiff asserted that he/she reported to the police when four persons were dead and three persons were seriously injured among those on the site, and on October 30, 2015, on the ground that the Plaintiff’s punishment was reported to the police on the ground that he/she reported the instant case to the police by the lower court (hereinafter referred to as “LeJ”).

If the plaintiff returned to Pakistan, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of persecution for the above reasons.

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, it is adequate to receive persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion.

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