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(영문) 부산지방법원 2020.06.10 2020구단613
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 entered the Republic of Korea on January 28, 2017, with a short-term visit (C-3) as a national of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on March 16, 2017.

B. On August 31, 2018, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficient well-founded fear that the applicant would be subject to persecution” as a requirement of refugee status under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection against the instant disposition with the Minister of Justice on October 8, 2018, but was dismissed on February 6, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is the person who supported the B party, and C party members called that they would not support the B party, and threatened.

If the plaintiff returned to Pakistan, there is a well-founded fear that there is a well-founded basis for persecution for political reasons.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, where there is an application against a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or does not want to return to, a country of nationality that had resided in the Republic of Korea before entering the Republic of Korea.

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