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(영문) 서울행정법원 2017.06.15 2017구단5471
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 16, 2011, the Plaintiff entered the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”) as a foreigner of the nationality of the Islamic Republic of Pakistan, and received an extension of the period of stay several times on several occasions after entering the country of non-professional employment (E-9). On December 4, 2015, the Plaintiff filed an application for refugee status with the Defendant on December 4, 2015, prior to the expiration of the period of stay (E-9).

On May 2, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be detrimental to the State” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

On May 16, 2016, the Plaintiff received a notice of decision on refugee status refusal, and the Plaintiff appealed and raised an objection to the Minister of Justice on June 13, 2016, but was dismissed on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff is the Sim-Slovastan of Pakistan, and it has also been friendly with the Empha-gu. However, it was threatened by the Sim that was a Simpha-gu organization.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who, owing to such fear, do not want to be protected of the country of nationality, or a state of nationality who, owing to such fear, was unable to return to or does not want to return to the country of nationality, should be recognized as a refugee, and “persecution,” which is the requirement for recognition of refugee, is life.

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