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(영문) 서울행정법원 2016.12.21 2016구단25652
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. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on December 22, 2014 as a foreigner of the nationality of Pakistan, and applied for refugee recognition to the Defendant on January 20, 2015.

B. On November 18, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would suffer from persecution as a requirement of refugee 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 January 11, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on June 30, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is around February 2007, the Plaintiff’s Pakistan People’s People’s (hereinafter “PP”).

Since October 2007, 2007, the member participated in the activities, and was injured in the field of a bomb terrorism that was matched B, and on October 2009, M QM Muhajir Quami (hereinafter referred to as "M QM").

It was found that there was a total attack from those suspected as party members.

When the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution on the grounds of political opinion.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want the protection of the country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee, and “persecution” which is a requirement for recognition of refugee.

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