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(영문) 서울행정법원 2016.02.19 2015구단19803

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 August 9, 2005, the Plaintiff entered the Republic of Pakistan (hereinafter referred to as “Skistan”) as a foreigner of the Islamic Republic of Pakistan, and completely departs from the Republic of Korea on June 27, 2008. On August 27, 2008, the Plaintiff re-enters the Republic of Korea as the status of non-professional employment (E-9) sojourn on August 27, 2008, and filed an application for refugee status with the Defendant on March 6, 2015.

B. On March 13, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be prejudicial to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On March 27, 2015, the Plaintiff filed an objection with the Minister of Justice on March 27, 2015, but the said objection was dismissed on September 24, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he returned to the Republic of Korea after hearing the awareness that the Plaintiff’s appearance in the Republic of Korea was critical, around November 2010, while staying in the Republic of Korea, the Plaintiff returned to the Republic of Pakistan, and thereafter the Plaintiff’s request was killed.

At the time, it was owned jointly by the plaintiff's 's 's 's 's 's 's 's '' and '', but the plaintiff's 's 's 's 's 's 's ''

Since then, the knife knife and the plaintiff were injured, and the knife knife found in the plaintiff's house and threatened the plaintiff to die without leaving the village.

Therefore, in the event that the Plaintiff returned to Pakistan, the instant disposition taken on a different premise is unlawful even though it is likely that it might be stuffed from the third village and the private village as a miscarriage dispute.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means race, religion, nationality, and specific;

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