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(영문) 서울행정법원 2018.06.07 2018구단5591
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. The Plaintiff entered the Republic of Korea on July 17, 2014 with the status of stay C-3 (short-term visit) (short-term visit) of the Republic of Pakistan (Islamistan, hereinafter “Skistan”) nationality.

B. On October 2, 2014, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on September 19, 2016, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 28, 2016, the Plaintiff filed an objection against the instant disposition with the Minister of Justice. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers, hereinafter the same shall apply), Eul evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that he was divorced with the former husband, who was the Eslopic slopic slopic slopic slopic slopic slopic slopics.

However, even after the divorce, the husband of Lashakar-e-Jangvi, which is a passive armed organization, was unable to find the plaintiff and use violence after the divorce.

In the event that the plaintiff returns to Pakistan, its home country, there is a risk of threatening the plaintiff's life or physical freedom from the former husband.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a particular social group of refugees is a race, religion, nationality, or political person or a member of a particular social group.

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