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(영문) 서울행정법원 2016.12.16 2016구단25867

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 February 18, 2009, the Plaintiff, a foreigner with the nationality of Pakistan, entered the Republic of Korea as a non-professional employment (E-9) sojourn status and stayed, and filed an application for refugee status with the Defendant on July 17, 2014, after the expiration of the period of sojourn (E-9, December 17, 2013).

B. On September 16, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was a new finite of Islamic Ampha, depending on the family's family's Ampha, and was stuffed by Islamic Ampha.

Around July 15, 2012, 10 persons, 10, who are acute hydropathm group of hydropathy, committed a collective assault against the Plaintiff and the Plaintiff’s South-wins by threatening to “I am tell that I am am alphyphyphy, I am alphy,” and the Plaintiff’s South-wins of the Plaintiff and the Plaintiff were injured with severe injuries.

As the Plaintiff and South East Eastern do not open, they were kidnapped on November 15, 2013, around 16:00.

Therefore, the plaintiff is a refugee for religious reasons.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

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