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(영문) 서울행정법원 2016.10.06 2016구단16290

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. The Plaintiff, a national of the Islamic Republic of Pakistan, entered the Republic of Korea as a short-term visa (C-3) on August 22, 2015, and applied for refugee status to the Defendant on September 21, 2015.

B. On October 23, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On November 30, 2015, the Plaintiff filed an objection with the Minister of Justice on November 30, 2015, but was rendered a final decision dismissing the Plaintiff’s application on March 23, 2016.

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

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff operated an office related to trade in a country of nationality. On July 2015, 2015, the Plaintiff: (a) at the early Liari Gang made visitors to the Plaintiff a telephone call to the Plaintiff; and (b) on July 2015, the Plaintiff threatened the Plaintiff by finding the office as a manager, threatening its employees, and causing a watch of 50,000 workers.

As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution for political reasons in the country of nationality.

(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;