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(영문) 서울행정법원 2017.02.13 2017구단51436

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is a Pakistan-based foreigner.

On January 29, 2016, the Plaintiff applied for refugee status to the Defendant.

On March 9, 2016, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiff is not recognized.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In around 2009, the Plaintiff asserted that he joined the APL, the Pacific Party, based on his father’s father. The Plaintiff’s father killed one of the Plaintiff’s members around 2001.

On February 18, 2015, the Plaintiff participated in a APL meeting at a APL meeting at the APL meeting at around February 18, 2015, and 2 persons died and 4 injured in the process, and APL B sent PE-N C to a reduction house.

For the foregoing reason, the Plaintiff’s disposition of this case is unlawful, since it is likely to threaten the PML-N (or the relatives of those who died by the Plaintiff’s father).

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize 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 a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution should be attested by a foreigner who files an application for recognition of refugee status.

Supreme Court Decision 201No. 101 Decided March 10, 2016