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(영문) 서울행정법원 2014.09.19 2014구합8544

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 August 23, 2005, the Plaintiff, a foreigner of the nationality of the Republic of Pakistan (hereinafter referred to as "Pakistan") of the Republic of Pakistan, entered the Republic of Korea with the status of industrial training (D-3) on August 23, 2005, and continued to stay through the extension of sojourn period, etc. on more than two occasions, and applied for refugee status to the Defendant on October 4, 201, seven days prior to the expiration of the relevant sojourn period.

On June 24, 2013, the Defendant issued a non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there was no “probably-founded fear of persecution” (see Article 2 subparag. 3 of the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Convention on the Status of Refugees; Article 1 of the Protocol on the Status of Refugees).

The Plaintiff filed an objection against the Defendant on July 26, 2013, but the Defendant dismissed it on April 11, 2014.

【In the absence of dispute, the entire purport of the instant disposition and the overall purport of evidence Nos. 1-2, 1-2, 2-2, and 3, as well as the entire purport of the pleadings, is to be legitimate. The Plaintiff’s assertion as to the legitimacy of the instant disposition is going to a critical situation due to a dispute between the support parties of the “M QuM” political party and the “NP” political party’s support parties.

At around August 2010, 2010, 2-3 persons who visited Pakistan visited by the Plaintiff were arrested the Plaintiff and demanded money and valuables.

The plaintiff is in the house with danger and re-entry the Republic of Korea.

Although the defendant did not recognize the plaintiff as a refugee in spite of the risk of killing the plaintiff's 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, "Refugees" means the status or political nature of race, religion, ethnicity, and specific social group.