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(영문) 서울행정법원 2019.03.28 2019구단50048

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 2, 2016, with the status of stay C-3 (short-term visit) sojourn on July 2, 2016, as a foreigner of the nationality of the Republic of Pakistan (Islaistan, hereinafter “Skistan”) of the Republic of Pakistan.

B. On July 14, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on November 10, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuges with sufficient grounds for fear 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.

C. On December 8, 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 November 29, 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 asserted that the Plaintiff joined as a party member of the Party B, who was the Pakistan Party at the time of 2007.

The plaintiff was a secretary of the "C", a regional representative of the party B, and has been continuously threatened by the opposing party members of the D Party.

On July 8, 2008, D party members had a day for attacking B party's local office office. At the time, one employee of the office was injured and died, and the plaintiff was in total on the next side.

After the occurrence of the above case, the plaintiff continued to be threatened with verbal murder from the members of the D Party.

Ultimately, the Plaintiff, while avoiding the threat of party members as above, moved to the Republic of South Africa (hereinafter referred to as “ South Africa”), and thereafter, re-enters.