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(영문) 서울행정법원 2014.09.26 2014구합8582

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff is a foreigner of the nationality of the Islamic Republic of Pakistan (hereinafter referred to as the "Pakic Republic of Pakistan") who entered the Republic of Korea on December 29, 2005 and repeats entry and departure.

On February 29, 2012, the defendant filed an application for refugee status with the defendant.

The Defendant, on December 10, 2013, “a well-founded fear of persecution” (amended by the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; hereinafter the same shall apply)

) On the ground that Article 2 Subparag. 3 of the Convention on the Status of Refugees, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees cannot be deemed to exist (hereinafter “instant disposition”), a disposition for non-recognition of refugee status (hereinafter “instant disposition”).

The Plaintiff filed an objection with the Minister of Justice on February 3, 2014, but the said objection was dismissed on April 11, 2014.

[Based on the basis of recognition, the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to Gap evidence 1, Gap evidence 2, Eul evidence 1, Eul evidence 2, and Eul evidence 1, and the purport of the entire pleadings as to the validity of the disposition of this case was born and cultivated in the area of punja State in Pakistan.

The plaintiff is a region where there are many Islamic believerss in the Russa region in which the plaintiff is living, and the father of the plaintiff was formed a school for the Islamic believers in the above region in around 2002.

On August 201, 201, the Islamic believers reported the father of the plaintiff and assaulted him, and then the school was closed.

Accordingly, on December 2012, the father of the Plaintiff called the Plaintiff to the effect that if the Plaintiff returned to Korea, the Islamic believers of the Asia died of the Plaintiff, they did not return to Korea.

As such, even if the Plaintiff’s return to Pakistan is at risk of being harmed on the grounds of religion, the Defendant did not recognize the Plaintiff as a refugee, and thus, the instant disposition is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Sheet sclocks, B. 3.

참조조문