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(영문) 서울행정법원 2015.11.20 2015구단9608

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 December 22, 2008, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on December 22, 2008, and applied for refugee status to the Defendant on October 14, 2013.

B. On June 30, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be prejudicial to persecution” 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.

C. The Plaintiff filed an objection with the Minister of Justice on August 4, 2014, but the said objection was dismissed on July 1, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion, the Plaintiff’s father, the Plaintiff’s father, and the Makistan PPP (Pakistan People’s part) were political parties’ support activities. For this reason, the Plaintiff was threatened by political parties’ support.

On May 18, 2011, the Plaintiff participated in a meeting of a political party and returned to the house, and was asked to support the PMF-N from those who support the PPE-N, but rejected the request, and subsequently was abused from the PMF-N supporters, and on May 5, 2013, the Plaintiff’s mother died in the PL-N support team.

Therefore, the instant disposition taken on a different premise is unlawful, even though the Plaintiff’s return to Pakistan is likely to be stuffed from the PL-N supporters on the ground of supporting the PPP.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a member of a specific social group of race, religion, nationality, or membership;

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