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(영문) 서울행정법원 2015.04.16 2014구합20100

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 July 31, 2013, the Plaintiff entered the Republic of Korea on July 31, 2013, and applied for refugee status to the Defendant on August 5, 2013.

B. On January 22, 2014, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff does not constitute “a well-founded fear that would be detrimental” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

(hereinafter “instant disposition”). C.

On February 25, 2014, the Plaintiff filed an objection with the Minister of Justice on February 25, 2014, but the said objection was dismissed on September 26, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion B joined the political party at around 1995, and took part in the village’s representative as a village, and engaged in public relations activities on the NP. The Plaintiff did not join the NP but took part in supporting activities. Around March 2006 and around 2010, the Plaintiff sent to the Plaintiff a letter of intimidation demanding NP and money on two occasions.

In the event that the plaintiff returns to Pakistan, there is a well-founded fear that there is a well-founded ground for persecution from the persons who have been deprived of his/her duty, so the plaintiff is a refugee.

(b) as shown in the attached Form of the relevant statutes;

C. When comprehensively considering all the evidence submitted by the Plaintiff and all the circumstances alleged in this court, it is insufficient to recognize that the Plaintiff had a “sufficiently based fear of persecution,” which is the requirement for recognition of refugee status, even if the Plaintiff considered all the evidence submitted by the Plaintiff and the circumstances alleged in this court, and there is a different evidence to acknowledge that the Plaintiff has a “sufficient fear of persecution,” which is the requirement for recognition of refugee status.