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(영문) 서울행정법원 2015.04.03 2014구합20889

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, a foreigner of the nationality of the Islamic Republic of Pakistan (hereinafter referred to as the “Pakic Republic”), was the first entry into the Republic of Korea on November 20, 2003, and was staying in the Republic of Korea without the status of sojourn until June 20, 2004 from the next day until September 6, 2006.

On May 9, 2012, the Plaintiff re-entered the Republic of Korea on May 9, 2012 and applied for refugee status to the Defendant on June 29, 2012.

The defendant, on January 29, 2014, promulgated with sufficient grounds for persecution (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 14, 2014, but was dismissed on September 26, 2014.

[Based on recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 1, and 2, and the purport of the entire pleadings of this case as to the legitimacy of the disposition of this case is the plaintiff's assertion that the plaintiff's assertion is a arsen (Muajir's relatives, and the group that moved from India to Pakistan when Pakistan was separated from India in 1947) that had been residing in Pakistan.

The plaintiff was deprived of abuse from his superior while serving in the Pakistan War, and became a designated recipient due to this.

In the event that the Plaintiff returned to Pakistan, even though the Defendant did not recognize the Plaintiff as a refugee even though the Defendant was at a high risk of persecution by being subject to harsh punishment on the ground that the Plaintiff was imprisoned on the ground that it was arctably arced on the status of the shot disease. Therefore,

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

However, in order to be recognized as a refugee under the Immigration Control Act, the requirement that the applicant for refugee status should have a well-founded fear of persecution in his country.

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