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(영문) 서울행정법원 2016.09.08 2016구단10889

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, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea as a short-term visit (C-3) on October 21, 2013, and applied for refugee status to the Defendant on December 1, 2014.

B. On November 26, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On December 4, 2015, the Plaintiff filed an objection with the Minister of Justice on December 4, 2015, but was rendered a decision dismissing the Plaintiff’s application on March 23, 2016.

[Reasons for Recognition] Entry of Evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion is a hydropatha, and around 201, the Plaintiff was forced to join the M QM political party from the party of M QM, which was enrolled in the university in the country of nationality, and the Plaintiff refused to join the same, and the Plaintiff abused the Plaintiff.

Since then, the plaintiff's private villages found the plaintiff's students who assaulted the plaintiff, and assaulted the plaintiff, and around August 2012, the plaintiff suffered bodily injury by people of M QM political parties facing the right bridge to the shack gun.

As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under a state of nationality for political opinion.

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

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear of being aware that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or who has resided in the Republic of Korea prior to his/her entry into Korea due to such fear.