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(영문) 서울행정법원 2019.03.14 2018구단21418

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 entered the Republic of Korea on July 9, 2016, with the status of stay C-3 (short-term visit) sojourn on July 9, 2016, as a foreigner of the nationality of the Republic of Pakistan of the Republic of Pakistan (Islaistan (hereinafter “Skistan”).

B. On August 4, 2016, the Plaintiff filed an application for refugee status with the Defendant, but the Defendant, on October 30, 2017, issued a disposition to recognize refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On December 4, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is the Simpha spab that had been residing in Punja State.

On August 25, 2013, the Plaintiff and her husband suffered a terrorist attack against a person who was not a part of a part-time employee outside the part-time employee. At the time, her husband was kidnapped to a person who was not the husband, and the Plaintiff suffered a serious injury that she tried to seek by her husband.

After that, the plaintiff was called to the effect that the plaintiff will kill the plaintiff and cause harm to his/her children when reporting to the police from those who were kidnapped by the husband.

In the event that the plaintiff returns to Pakistan, one of its home countries, there is a concern that the plaintiff's husband may still be threatened with life or physical freedom from the deprived of kidnapping.

Nevertheless, the plaintiff's refugee status is recognized.