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(영문) 대구지방법원 2019.05.17 2019구단397
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 June 27, 2006, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality as a technical training (D-3). On September 12, 2017, the Plaintiff applied for refugee status to the Defendant.

B. On September 20, 2017, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” as stipulated in 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”).

C. The Plaintiff filed an objection with the Minister of Justice on October 24, 2017, but the said objection was dismissed on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he supported the B organization at high school, but there was no political activity after graduation.

On August 14, 2016, the Plaintiff was demanded from the applicants of C organization to pay 45,000 a month from the applicants of C organization at the time of visit. On the same day, there was a case of murdering the owner in total while the applicants of C organization demanded the money at the same time at the same time.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who, owing to a well-founded fear of being injured by reasons of race, religion, nationality, membership of a particular social group or political opinion, is unable to be protected by the country of nationality or does not want the protection of the country of nationality, must be recognized as a refugee;

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