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(영문) 대구지방법원 2016.10.06 2016구합1556
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. On December 7, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) sojourn status as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and filed an application for refugee status with the Defendant on January 27, 2015, the expiration date of the period of stay ( January 29, 2015) was imminent.

B. On December 28, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution,” which is a requirement for refugee status.

C. On January 11, 2016, the Plaintiff filed an objection with the Minister of Justice on January 11, 2016, but the objection was dismissed on June 30, 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 is the number of Islamic schools from Pakistan-Walz origin on April 18, 2013. On April 19, 2013, the Plaintiff’s three villages, the manager of Islamic teaching staff, died, and on April 19, 2013, the following day, the Plaintiff was in total required from the ASEAN-Walz origin.

In the event that the Plaintiff returned to Pakistan, it is feared that the Plaintiff would be detrimental to his religious stay from the Asia-Pacificism. Therefore, the instant disposition that rejected the Plaintiff’s application for recognition of refugee status is unlawful.

The terms used in this Act shall be defined as follows:

1. The term "refugee" means a foreigner who is unable or does not wish to be protected by the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is a non-national who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "beneficial country") before his/her entry into the Republic of Korea;

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