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(영문) 대구지방법원 2016.10.06 2016구합911
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 is a foreigner of the nationality of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”).

B. On September 2, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status and applied for refugee status to the Defendant on November 27, 2014 while illegally staying in Korea after the expiration of the period of stay ( December 1, 2013).

C. On November 6, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution, which is a requirement for refugee status.

On December 15, 2015, the Plaintiff filed an objection with the Minister of Justice on December 15, 2015, but the objection was dismissed on March 23, 2016.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was committed in support activities of "Pakistan T-e-licsaf" (hereinafter "PTPP"), which is the camping party of Pakistan (hereinafter "PTS"), and was sent back to the Republic of Korea upon several threats from the applicants of "Pakistan Mussim Lag-Naz" (hereinafter "PML-N"), and the plaintiff's return to Pakistan is likely to be detrimental to the support of PL-N, so the disposition of this case which rejected the plaintiff's application for refugee recognition is unlawful.

(b) The definitions of terms used in this Act under relevant Acts and subordinate statutes shall be as follows:

1. The term “refugee” means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or who is unable or returned to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “or the country of his/her nationality”) due to such fear;

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