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(영문) 서울행정법원 2015.08.28 2015구단5682

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 February 1, 2005, the Plaintiff entered the Republic of Pakistan as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and stayed in the Republic of Korea by changing the status of stay for training employment (E-8) and non-professional employment (E-9) on February 1, 2005, and entered the Republic of Korea on January 16, 2008. On March 1, 2008, the Plaintiff applied for refugee status recognition to the Defendant on February 16, 2012, which was after the expiration of the period of stay.

B. On March 21, 2014, 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 subject 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 April 18, 2014, the Plaintiff filed an objection with the Minister of Justice on April 18, 2014, but the said objection was dismissed on April 2, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (i) The Plaintiff is Simpatha, and the families of Simpatha B opposed to the Plaintiff and B on the ground that the Plaintiff was Simpatha, and his father and male and female are threatened with the Plaintiff that they would die when they were married with B.

On April 3, 2012, the Plaintiff, at the risk of the above opposition, married to the B and the telephone.

Therefore, in the event that the plaintiff returned to Pakistan, it is likely to be stuffed by the family members of B for the above reasons.

Notwithstanding C’s warning, the Plaintiff held two times on May 2010, 2010, she held the above events, which was the end of May 2010, she held on May 1, 2010.