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(영문) 서울행정법원 2014.10.16 2014구합9608

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 13, 2005, the Plaintiff entered the Republic of Korea as a foreigner of the Islamic Republic of Pakistan (hereinafter “Skistan”), and the status of employment for training (E-8) was amended by Presidential Decree No. 20076, Jun. 1, 2007;

On September 30, 2008, when staying as non-professional employment (E-9) sojourn status, and departing from the Republic of Korea on November 26, 2008. On November 26, 2008, when entering the Republic of Korea as non-professional employment (E-9, the period of sojourn one year) sojourn status, and then staying in the Republic of Korea upon obtaining permission for extension of sojourn period, and filed an application for the recognition of refugee with the Defendant on November 22, 2011, three days before the expiration of the period of sojourn.

(hereinafter “instant refugee application”). B.

On November 12, 2013, the defendant rejected the refugee application of this case on the ground that the plaintiff does not constitute a case where there is a well-founded fear that the plaintiff would suffer 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.

(See Evidence No. 1-1, hereinafter referred to as “instant disposition”).

On December 19, 2013, the Plaintiff raised an objection against the instant disposition to the Minister of Justice, but the Minister of Justice dismissed it on April 11, 2014.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the Plaintiff’s blood salber Pakunkhwa, which is a salkhal salpha, with the gap between the origin of the Susehra (Khber Pakunhwa).

Around December 2008, the Plaintiff purchased land near C (C; hereinafter referred to as “C”) in the vicinity of the Republic of Korea with the help of the Plaintiff’s third village B, and thereafter, purchased money from B to B.