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(영문) 서울행정법원 2016.02.19 2015구단21042

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 entered the Republic of Korea on April 16, 201 with a short-term visit (C-3) status as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on March 6, 2015.

B. On March 13, 2015, 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. On April 24, 2015, the Plaintiff filed an objection with the Minister of Justice on April 24, 2015, but the said objection was dismissed on September 24, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made from around 2004 to the point of view that the Plaintiff had been able to operate the release on bail in the Pakistan (Lahore).

Since February 3, 2011, the number of organized violences in four names, such as Pakistan Mus Lagle (hereinafter referred to as "PM-N") affiliated with the Islamic Mus L-N (PM-N) of Pakistan, such as B and C, threatened the plaintiff to make donations, and threatened the plaintiff to die if the plaintiff refuses to make donations within one week.

Even after the Plaintiff left the Republic of Korea with the threat of the above organized violence, the above organized violence actors stolen bail from the Plaintiff’s store around September 9, 201 to the Republic of Korea. The police arrested the Plaintiff, and distributed leaflets with the falsity that the Plaintiff is carrying out smuggling and illegal dispatch of human resources even after the Plaintiff’s interview with the Plaintiff’s leader.

Therefore, the plaintiff should return to Pakistan.