logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.05.22 2019구단389
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. On November 20, 2017, the Plaintiff entered the Republic of Korea as a national of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on November 30, 2017, as a short-term visit (C-8) sojourn in the Republic of Pakistan.

B. On December 20, 2017, the Defendant rendered a decision on the refusal of 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 suffer from persecution” as a requirement of refugee under 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”).

(hereinafter “instant disposition”). C.

On January 22, 2018, the Plaintiff filed an objection with the Minister of Justice, and on February 14, 2019, the said application was dismissed.

【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 was made from 2000 to Ma QM (Mutta Bameni Move). On August 2017, 2017, the Plaintiff threatened the Plaintiff to die if he/she did not comply with the request for contribution.

The plaintiff can be subject to intimidation if he returns to Pakistan, and there is a well-founded fear of persecution on the grounds of political opinion.

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, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are unable to be protected of the country of nationality or who do not want the protection of the country of nationality, or due to such fear, have resided in Korea before entering Korea.

arrow