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(영문) 서울행정법원 2015.01.15 2014구합9837

난민불인정결정취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On April 21, 2001, Plaintiff A (hereinafter “A”) entered the Republic of Korea as a foreigner of the Islamic Republic of Pakistan (Islamistan (hereinafter “the Islamic Republic”), and was granted a visa exemption (B-1) and continued to stay in the Republic of Korea without being granted a visa after the expiration date (E-9 July 21, 2001) and continued to stay in the Republic of Korea on October 21, 2003 without being granted a non-professional employment status after the expiration date (E-9). Plaintiff A continued to stay in the Republic of Korea without being granted a visa after the expiration date under the above sojourn status (E-9 May 21, 2005) and continued to stay in the Republic of Korea without being granted a visa even after the expiration date under the above sojourn status (E-9).

B. On September 11, 2004, Plaintiff A’s wife (hereinafter “B”) entered the Republic of Korea with the status of stay of short-term comprehensive (C-3) on September 14, 2008 and continued to stay in the Republic of Korea without being granted the status of stay (C-8 December 13, 2008) even after the expiration of the period of stay.

C. Plaintiffs A and B’s offspring were born on June 9, 2009, and Plaintiff D had continued to stay in the Republic of Korea on August 28, 2010.

Plaintiff

B On March 16, 2009, Plaintiff A applied for refugee recognition to each Defendant on May 29, 2009, Plaintiff C on July 9, 2009, Plaintiff D on September 28, 2010.

(hereinafter referred to as “instant refugee application” in total of the Plaintiffs’ applications for refugee status. E

On December 28, 2012, the Defendant rejected the instant refugee application on the ground that: (a) the Plaintiffs did not constitute a case where there is a well-founded fear that the Plaintiffs would suffer persecution” stipulated as the requirements for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of

A see Evidence 5 to 8, hereinafter referred to as "the case").