beta
(영문) 서울행정법원 2015.05.07 2014구합22076

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 South Africa on April 8, 2013, and applied for refugee status to the Defendant on June 4, 2013, after having entered the Republic of Korea.

B. On January 6, 2014, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be detrimental” as a requirement for refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

(hereinafter “instant disposition”). C.

On February 3, 2014, the Plaintiff filed an objection with the Minister of Justice on February 3, 2014, but the said objection was dismissed on June 27, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including virtual number), Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff got out of the Islamic Republic of Pakistan (hereinafter “Pakististan”) in around 1999 and was threatened by the local public in the Republic of Pakistan from around 2004 to around 2012. The remaining local public figures found the mobile phone store operated by the Plaintiff in around 2010, while putting the Plaintiff under the Plaintiff’s eye and knife the knife in the Plaintiff’s arms, and breaking the knife into the Plaintiff’s arms. At around two times in 2012, the Plaintiff theftd the roof of the food store operated by the Plaintiff and the knife with the knife, and threatened the Plaintiff by telephone.

Therefore, the instant disposition taken on a different premise is unlawful, since the Plaintiff’s return to the Republic of Korea is likely to be harmful for the said reason.

(b) as shown in the attached Form of the relevant statutes;

C. In full view of the following circumstances revealed in the statement No. 3 of the judgment, including the purport of the entire pleadings, the evidence submitted by the Plaintiff and its reasoning.