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(영문) 서울행정법원 2014.12.05 2014구합10554

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On September 13, 2005, the Plaintiff entered the Republic of Pakistan (hereinafter referred to as "Pakistan") as a foreigner with the nationality of the Republic of Pakistan, and applied for refugee status to the Defendant on September 28, 201, after having entered the Republic of Pakistan (D-3) as an industrial trainee (D-3).

The defendant, on June 17, 2013, promulgated with sufficient grounds for persecution (the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; hereinafter the same shall apply)

) On the ground that Article 2 Subparag. 3 of the Convention on the Status of Refugees, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees cannot be deemed to exist (hereinafter “instant disposition”), a disposition for non-recognition of refugee status (hereinafter “instant disposition”).

The Plaintiff filed an objection with the Minister of Justice on August 22, 2013, but was dismissed on April 11, 2014.

【In the absence of dispute, there was a dispute between the plaintiff’s family members and villagers when the plaintiff visited Pakistan in 2010, and the plaintiff’s her dynamics murdered with the villager. The plaintiff’s dynamics murdered with the villager.

Therefore, although the defendant did not recognize the plaintiff as a refugee in spite of the risk that the plaintiff would face multiple cases of return to Pakistan, the disposition of this case is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

According to Article 2 of the Immigration Control Act and Article 1 of the Convention on the Status of Refugees, the term "refugee" means a person who has a well-founded fear of persecution for reasons of race, religion, ethnicity, membership of a specific social group, or political opinion.

However, the grounds for recognition of refugee status asserted by the Plaintiff are being threatened by the settlement of disputes with villagers regardless of whether it is true, and such intimidation is a member of the Plaintiff’s race, religion, ethnic group, and specific social group or political opinion.