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(영문) 서울행정법원 2019.01.16 2018구단22992
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 Korea with a short-term visit (C-3) sojourn status on May 28, 2017, and applied for refugee recognition to the Defendant on June 7, 2017.

B. On June 26, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On August 14, 2017, the Plaintiff filed an objection with the Minister of Justice on August 14, 2017, but the objection was dismissed on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was originally slick, but it was well fluent with the slickists living in the native village from the Ninn city.

However, most of the people in the native village, who are Muslim, did not refuse to slickly with the sleeps, and from January 2017, they threatened the plaintiff to murder.

In addition, the Plaintiff was a member of the Party B from Pakistan, and the party member of the Party C, who is the other party, threatened the Plaintiff.

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 stuffed from the slives of high-speed villages in the event that the Plaintiff returns to the Republic of Korea with Pakistan.

B. 1 The term “refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or by such fear.

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