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(영문) 서울행정법원 2018.05.03 2018구단787
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 March 22, 2011, the Plaintiff filed an application for refugee status with the Defendant on January 15, 2016 while entering the Republic of Korea for non-professional employment (E-9) status as a foreigner of Pakistanan nationality.

B. On June 28, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.

C. On July 15, 2016, the Plaintiff filed an objection with the Minister of Justice on July 15, 2016, but the decision was rendered to dismiss the Plaintiff’s application on December 7, 2017.

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

2. Determination on the legitimacy of the disposition

A. The main point of the Plaintiff’s assertion was that the Plaintiff’s wife wanted to marry with his wife and the Plaintiff’s wife. The Plaintiff threatened the Plaintiff on the ground that the Plaintiff was married with the Plaintiff’s wife, and the Plaintiff left the Republic of Korea, and then threatened the Plaintiff’s wife and the Plaintiff’s sibling with a guny.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff might be stuffed due to the above circumstances is high in the case that the plaintiff returned to Pakistan.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The reason for the persecution alleged by the Plaintiff is that “the Plaintiff is threatened with the wife’s three villages on the ground that he/she married with the Plaintiff’s wife,” and even if all of the Plaintiff’s arguments are acknowledged, it is private.

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