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(영문) 서울행정법원 2019.05.15 2018구단23056

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of a decision not to recognize refugee status;

A. The Plaintiff entered the Republic of Korea on August 6, 2015 with a short-term visit (C-3) status as a foreigner of Pakistan (B male) nationality.

B. On August 12, 2015, the Plaintiff filed an application for refugee status with the Defendant on the ground that “a housing seller filed a report with the police on the ground that he/she would rather threaten the housing seller’s failure to perform a contract, and rather reported it to the police due to a new sexual intercourse.” However, on May 18, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff is deemed not to be a person subject to the Refugee Convention and the Refugee Act,” and the Plaintiff filed an objection with the Minister of Justice, but the Minister of Justice dismissed the objection on September 3, 2018.

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

2. The Plaintiff asserted that he purchased a house from Islamic Dogdo, and the Islamic Dog, selling the house to the Plaintiff, reported the Plaintiff by falsity to the police on the ground that the Islamic Dog, which sold the house to the Plaintiff, insultingd the Plaintiff, and the Islamic Dog, showing and threatening the Plaintiff’s house to the Plaintiff’s house and to the family.

Therefore, since the plaintiff entered the Republic of Korea and applied for recognition of refugee status, the disposition of this case which did not recognize the plaintiff as a refugee should be revoked as unlawful.

3. On May 10, 2017 in relation to the application for refugee status of the instant case, the Plaintiff purchased a house from Islamic school C, a Islamic school, the same village as his/her relative, at the time of an interview with the Immigration Office on May 10, 2017, and upon the request of C to change the money or house, C was threatening to report to the police on two occasions on May 3, 2015 and May 5, 2015, thereby threatening C to report his/her insult (Article 295-C of the Criminal Act) to the police.”

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