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(영문) 서울행정법원 2019.05.08 2018구단78438
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 28, 2017, the Plaintiff entered the Republic of Pakistan as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on June 7, 2017, by entering the Republic of Korea as a short-term visit (C-3) sojourn status.

B. On June 26, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on July 27, 2017, but the Minister of Justice dismissed the objection on September 3, 2018.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 4, and Eul evidence 1 through 3, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion changed from Islamic Mansa in 2015 to Pacifica.

The plaintiff was threatened with murder on the ground that he/she was a scarf, who was scarfed from the scarfs of the high-speed village, and received collective assault from the scarfs on March 10, 2017.

Therefore, in the event that the Plaintiff’s return to Pakistan is likely to pose a threat to the life or physical freedom from the human beings, the Defendant’s disposition of refusing to accept the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” does not want to be protected or unable to be protected by the country of nationality due to well-founded fear to recognize that a person may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.

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