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(영문) 서울행정법원 2017.10.19 2017구단69130

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 26, 2016, the Plaintiff entered the Islamic Republic of Pakistan (hereinafter “Pakic Republic”) as a foreigner of the Islamic Republic of Pakistan, and applied for refugee status to the Defendant on February 15, 2016, after entering the Republic of Korea as a short-term visit (C-3) sojourn status.

On January 3, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-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”).

The Plaintiff received a notice of decision on non-recognition of refugee status on January 12, 2017 and raised an objection to the Minister of Justice on February 8, 2017, but was dismissed on the same ground as of July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is a member of the ordinary party who has joined the TPP (Pakistan Trek-e-Saf) political party.

On July 20, 2010, a party of the PL-N (Pakist Musist Lagle-Nawas) found the Plaintiff’s house and suspended the PTPP’s legitimate activities at the Plaintiff’s house, and assault the Plaintiff by supporting the PMF-N party.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided before entering the Republic of Korea, should be recognized as a refugee, and the requirements for recognition of refugee are satisfied.