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(영문) 부산지방법원 2016.07.07 2016구합682
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff entered the Republic of Korea on February 4, 2004 with the status of stay for technical training (D-3) from January 29, 2005 to February 4, 2007, and stayed as "training employment (E-8)" as a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as "the Republic of Pakistan").

Even after the expiration date of the above status of stay, the Plaintiff continued to stay after the expiration date of the above status of stay obtained the status of stay on November 28, 2008 (G-1) and other (G-1), but the above status of stay expired on August 28, 2009, and the Plaintiff applied for refugee status to the Defendant on June 3, 2015.

On June 25, 2015, the Defendant rendered a decision on refugee non-recognition (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a sufficiently-founded fear that the Plaintiff would be subject to persecution as prescribed in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on June 26, 2015, but the foregoing objection was dismissed on December 14, 2015.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the entire argument as to the disposition of this case as to the legitimacy of the disposition of this case, the plaintiff purchased land in Pakistan in around 2009, and there is a situation in which the plaintiff's body is threatened as of the present situation, such as threatening the plaintiff to prevent the construction of a new building on the above land, and threatening the residents of the surrounding area from constructing a new building.

It is as stated in the relevant statutes.

Judgment

“Refugee” is a foreigner who is unable or does not want to be protected by a State of nationality due to well-founded fear to recognize that he/she is detrimental to race, religion, nationality, status as a member of a particular social group or political opinion.

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