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(영문) 서울행정법원 2015.06.05 2015구합127

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

On June 25, 2008, the Plaintiff, a foreigner of the nationality of the Islamic Republic of Pakistan (hereinafter referred to as "Pakic Republic of Pakistan"), has entered the Republic of Korea for the first time and stayed in the non-professional employment (E-9) status, and applied for refugee status to the Defendant on April 18, 2013.

On February 25, 2014, the Defendant issued a non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there was no “probably-founded fear of persecution” (see Article 2 subparag. 3 of the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Convention on the Status of Refugees; Article 1 of the Protocol on the Status of Refugees).

The Plaintiff filed an objection with the Minister of Justice on March 20, 2014, but was dismissed on December 16, 2014.

[Based on recognition, the Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire pleadings as to Gap’s evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, and 1, and 2, and the purport of the entire pleadings was lawful, and the Plaintiff joined the “PTS” (hereinafter referred to as “PTS”) of the Pakistan Thri-Esaf, by changing the political party’s support around 2006, while residing in the Pakistan punja Si (Lahore City) from around 1992.

On October 25, 2012, the Plaintiff entered the Republic of Korea and temporarily returned to Pakistan, and participated in the PTPP seminars. On October 25, 2012, the Plaintiff assaulted the participants of the seminars by entering the said events, and damaged the instruments.

Since the Plaintiff was engaged in the PL-N activities in the past, it is well known to the members of the PMF-N political parties, and is still threatened by these reasons for the change of the political party support.

In the event that the plaintiff returned to Pakistan, the defendant recognizes the plaintiff as a refugee even though it is highly likely to be stuffed on the grounds of political opinion.