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(영문) 서울행정법원 2016.06.17 2016구단7784

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 December 10, 2008, the Plaintiff, a foreigner with the nationality of Pakistan, entered into the Republic of Korea with a visa for non-professional employment (E-9), and stayed from the Republic of Pakistan on October 7, 2013. On August 11, 2014, the Plaintiff returned to the Republic of Korea for a short-term visit (C-3) sojourn status and stayed, and applied for refugee status recognition to the Defendant on October 2, 2014.

B. On November 3, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the 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.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On January 3, 2014, the members of the Plaintiff’s team were forced to capture the Plaintiff if he did not inform the Plaintiff of the 100 foot within 7 days, and the Plaintiff was actually arrested on January 10, 2014, and received money from the Plaintiff’s her son on January 10, 2014.

After that, they sought money and attempted to kidnapping to the Plaintiff.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be affected by gambling when the plaintiff returned to Pakistan is high.

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

1. The term “refugee” means a foreigner who is unable or does not want to be protected from the country of his/her 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 returned to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “or the country of his/her nationality”) due to such fear;

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