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(영문) 서울행정법원 2016.04.29 2016구단1380

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 January 13, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) status on January 13, 2015, and applied for refugee status to the Defendant on January 20, 2015.

B. On February 6, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from persecution” under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On March 31, 2015, the Plaintiff filed an objection with the Minister of Justice on March 31, 2015, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had resided in Pakistan and operated his clothes. The Plaintiff’s Mautada Quam Management (hereinafter “M QM”) had threatened the Plaintiff to pay 6,000 pu to 100 pu to the Plaintiff for three to four years on the month in which the members of the QM (hereinafter “M QM”) were to pay 6,00 pu to 10 pu to the Plaintiff for a period of three to four years.

However, on September 5, 2014, the Plaintiff demanded that QM members pay KRW 700,000 for the name of the head of the household within one month, and the Plaintiff was aware that the Plaintiff murdered by two neighboring merchants who did not pay the money under one’s own name even though the Plaintiff was demanded to do so, but did not have any means to pay the said money. However, the Plaintiff discontinued and concealed the Plaintiff’s life.

The plaintiff tried to report the fact that he received money from the members of QM, but police did not accept the plaintiff's report by leaving the above members.

The plaintiff's life from the members of QM.