logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.11.23 2017구단1530
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On April 20, 201, the Plaintiff, a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), entered the Republic of Korea with his/her non-professional employment status on April 20, 201, and filed an application for refugee status with the Defendant on July 1, 2015.

B. On July 19, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On August 16, 2016, the Plaintiff filed an objection with the Minister of Justice on August 16, 2016, but was dismissed on April 21, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff had worked as the staff of the PTPP in the Pakistan was threatened by assault and intimidation, etc. from the members of the PMFN for a period of time when the Plaintiff entered the Republic of Korea on a temporary basis in 2013 after having entered the Republic of Korea. Therefore, there is sufficient concern that the Plaintiff would be imminent in returning to the Republic of Pakistan, and it is a reasonable fear. However, the instant disposition that did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① There is no objective evidence supporting the Plaintiff’s assertion.

(b).

arrow