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(영문) 서울행정법원 2016.06.24 2016구단5948

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 May 29, 2014, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on June 11, 2014 after entering the Republic of Korea for a short-term visit (C-3).

B. On June 17, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff 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. On July 21, 2015, the Plaintiff filed an objection with the Minister of Justice on July 21, 2015, but the said objection was dismissed on December 14, 2015.

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

2. Whether the disposition is lawful;

A. On December 4, 2013, the Plaintiff’s assertion requires M QuM (hereinafter “M QuM”) members to find in the Plaintiff’s store on the ground that the Plaintiff was from the punch region and one million won.

On December 13, 2013, the plaintiff was sought again and assaulted by the plaintiff. One of the factory employees who had been in front of the plaintiff, launched a gun to protect the plaintiff, and died of Ma QM member.

Since then, on January 27, 2014, M QM members threatened with guns before the Plaintiff's Happiness.

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. (1) 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 full-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion is made.