beta
(영문) 서울행정법원 2016.09.09 2016구단18944

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 29, 2016, the Plaintiff, a foreigner with the nationality of Pakistan, entered the Republic of Korea as a sojourn status of short-term visit (C-3) on a short-term basis, and stayed, and applied for refugee recognition to the Defendant on March 18, 2016.

B. On May 31, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter the 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.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff brought a lawsuit against his relative and land in the country of nationality, and the relative relative who lost the lawsuit, killed the Plaintiff’s external third village, and threatened the Plaintiff to die if the Plaintiff testified for the homicide.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be affected by gambling when the plaintiff returned to Pakistan is high.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. Even based on the Plaintiff’s assertion, it is merely a threat of crime against a private person due to a property right dispute, and thus, the Refugee Act stipulates.