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(영문) 인천지방법원 2017.04.06 2016구합1138

난민불인정처분취소

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, who is a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), has entered the Republic of Pakistan on October 8, 2008 and has been extended several times of the period of stay since entering the Republic of Korea on several occasions. On July 23, 2013, when the period of stay expires ( August 8, 2013), the Plaintiff applied for refugee status recognition to the head of the Seoul Immigration Office (G-1-5) and has been staying until now after obtaining permission to change the status of stay to the refugee applicant (G-1-5).

B. On December 12, 2013, the head of the Seoul Immigration Office rendered a decision on the refusal of refugee status on the ground that it is difficult to recognize the Plaintiff a “ sufficiently-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The plaintiff is dissatisfied with this and filed a lawsuit against the head of the Seoul Immigration Office seeking the cancellation of the above decision of refugee non-recognition, but the court of first instance dismissed the plaintiff's claim for the same reason as the disposition agency issued.

(Seoul Administrative Court 2014Guhap21158). After that, the conclusion of the above judgment of the first instance was maintained in the appellate court (Seoul High Court 2015Nu40486), and the final rejection of the plaintiff's petition of appeal was finally dismissed, the above judgment of the appellate court became final and conclusive on February 12, 2016.

On July 19, 2016, the Plaintiff filed an application for re-recognition of refugee status with the head of the Seoul Immigration Office, and at the same time, filed an application for extension of the period of stay with the Defendant. The Defendant rejected the application for extension of the period of stay on the ground that the

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap evidence 1, Eul evidence 1 to 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a requirement for recognition of refugee since there is a high possibility of murdering from the opposite political party in the event of returning to Korea with Pakistan.