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(영문) 서울행정법원 2016.09.30 2016구단19169

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 October 19, 2015, the Plaintiff, a foreigner of Pakistanan nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status on October 19, 2015, and stayed, and filed an application for refugee status with the Defendant on October 30, 2015.

B. On November 24, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion began to make a contribution to a PTR-N political party by changing the support political party since 2011, and the Plaintiff forced the Plaintiff to make a contribution, and made assault and intimidation on the part of the PML-N party.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be affected by gambling when the plaintiff returned to Pakistan is high.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. “Lambling”, which is a requirement for recognition of refugee status 1, causes serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.

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