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(영문) 서울행정법원 2018.02.08 2017구단80007

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 January 10, 2016, the Plaintiff filed an application for refugee status with the Defendant on January 25, 2016 while entering the Republic of Korea as a non-Visa (B-2) sojourn status on January 10, 2016.

B. On March 28, 2016, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) 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.

C. On April 27, 2016, the Plaintiff filed an objection with the Minister of Justice on April 27, 2016, but the decision was rendered to dismiss the Plaintiff’s application on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion was that the Plaintiff attempted to marry with a female-friendly Gu and her family member, but the female-friendly family member opposed to this, and the Plaintiff attempted to assault the Plaintiff, murder the Plaintiff, and murder the Plaintiff.

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 might be stuffed due to the above circumstances is high in the case that the plaintiff returned to Pakistan.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The reason for the persecution alleged by the Plaintiff is that “the Plaintiff was trying to report the marriage with a female-child organization, but is threatened by the family members of the female-child organization who opposed to the teaching system,” and it is private even if all of the Plaintiff’s arguments are accepted.

참조조문