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(영문) 부산지방법원 2018.02.01 2017구합3671
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 November 11, 2015, the Plaintiff filed an application for refugee status with the Defendant on January 25, 2016, after entering the Republic of Korea as a foreigner with the nationality of Pakistan (C3-4) sojourn status for ordinary use (C3-4).

B. On April 25, 2016, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on April 26, 2016, but was rendered a final decision dismissing the Plaintiff’s application on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff carried out an election campaign in around 2015 as a party member B, who is a party party of Pakistan, was arrested from the party C, who is the opposite party on October 31, 2015, and was forced to pay approximately KRW 50 million to the Plaintiff’s wife.

Since then, the plaintiff was subject to violence and intimidation from the opposing party members.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparagraph 1 of the Refugee Act).

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