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(영문) 서울행정법원 2017.05.11 2017구단5389

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 27, 2010, the Plaintiff entered the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”) as a foreigner of the Islamic Republic of Pakistan, and applied for refugee status to the Defendant on August 12, 2015 before the expiration of the period of stay ( August 26, 2015).

On August 24, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On September 15, 2015, the Plaintiff filed an objection with the Minister of Justice on September 15, 2015, but was dismissed on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff was a skin skin skin skin skin skin skin skin skin skin skin skin skin skin

In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.

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 well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who does not want to be protected of the country of nationality due to such fear, or who, owing to such fear, could not return to or does not want to return to the country in which he had resided before entering the Republic of Korea.