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(영문) 대구지방법원 2017.03.24 2017구합246
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. Plaintiff’s entry into the Republic of Korea and application for refugee recognition - Plaintiff’s nationality: Islamic Republic of Pakistan (hereinafter “Pakistan”): Entry: Status of non-professional employment (E-9) status on March 21, 2012 (E-9: March 20, 2015) - Application for refugee status: May 22, 2015.

The defendant's decision not to recognize refugee status (hereinafter referred to as "disposition of this case") - Grounds: No sufficient fear of persecution cannot be recognized.

C. Although the Plaintiff filed an objection with the Minister of Justice on April 4, 2016, the Plaintiff’s objection was dismissed on October 27, 2016 and received a notice of dismissal decision on November 1, 2016, without any dispute over the ground for recognition, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 through 3, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff engaged in political activities, such as supporting and promoting the UNP political party from 2008 to 2012; (b) on July 5, 2013, during the period of leave of absence after entering the Republic of Korea, at the time of temporarily visiting the Plaintiff and the Plaintiff’s visit; (c) made intimidation by persons of lelebs to find out the Plaintiff and conduct public relations activities; and (d) made intimidation around July 10, 2013; and (c) made threats, such as finding any shop operated by the Plaintiff and her attached goods, and assaulting the Plaintiff and her attached goods. Therefore, if the Plaintiff returned to the Pakistan, it is likely to be harmed by the persons of lebs.

(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 wish to be protected by the country of 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 does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (hereinafter referred to as “the country in which he/she resided”).

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