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(영문) 서울행정법원 2019.03.20 2019구단1428

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 May 29, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on May 29, 2016, and applied for refugee recognition to the Defendant on June 7, 2016.

B. On September 28, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff 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. As to this, the Plaintiff filed an objection with the Minister of Justice on November 1, 2017, but was dismissed on November 29, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’

The plaintiff worked as an employee of the NGO organization B in Pakistan, which led to this, the plaintiff was subject to total attack from Leban or Alba, a terrorist organization, and was also subject to verbal threats several times.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling in the event that the Plaintiff returned to the Republic of Pakistan.

B. 1 The term “refugee” means that a person is unable to be protected by the country of nationality due to well-founded fear of recognizing that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.