(영문) 부산지방법원 2017.07.20 2017구합1644

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(영문) 부산지방법원 2017.07.20 2017구합1644

난민불인정처분취소

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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 July 7, 2010, the Plaintiff applied for refugee recognition to the Defendant on April 28, 2015, after entering the Republic of Korea with the status of non-professional employment (E9) sojourn as a foreigner of Pakistanan nationality.

B. On July 12, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on July 25, 2016, but rendered a final decision to dismiss the Plaintiff’s application on February 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On July 1, 2010, the Plaintiff asserted that a member of the PMFN party, who is an opposing party as a member of the PPP party, forced the Plaintiff to not support the PP party, and made intimidation and intimidation.

The plaintiff's family member was threatened by violence against the opposing party member, and the plaintiff's family member threatened with murder if the plaintiff returned to Pakistan.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, cannot return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.

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