logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.02.13 2017구단51566
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a Pakistan-based foreigner.

On February 2, 2016, the Plaintiff applied for refugee status to the Defendant.

On June 27, 2016, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiff is not recognized.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was a member of the PTS, which is a PTS, was going out of the village president’s election. The Plaintiff was attacked by 6 members of B and PPE-N, who were going out of the same election, and one person who was able to perform the Plaintiff’s election affairs in the process, was dead and gave up the Plaintiff’s election campaign.

As seen above, the Plaintiff’s disposition of this case is unlawful, since it is likely to threaten the PL-N.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize 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, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution should be attested by a foreigner who files an application for recognition of refugee status.

(see, e.g., Supreme Court Decision 2013Du14269, Mar. 10, 2016). Where evidence No. 4 alone returns to the country of nationality to the country of nationality, race, religion, nationality, and specific.

arrow