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(영문) 서울행정법원 2015.06.05 2015구단2430
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 6, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3 and 60 days of stay) status on March 6, 2013, and filed an application for refugee status with the Defendant on June 4, 2013.

B. On February 25, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On March 24, 2014, the Plaintiff filed an objection with the Minister of Justice on March 24, 2014, but the said objection was dismissed on December 16, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he was residing in the Mona City of Pakistan as Mohajro, and entered the Republic of Korea.

In 208, the Plaintiff had been working as a member of a political party for Mutta Ba Qrumi Move Management (hereinafter “M QM”), from 2008 when it was in Pakistan, and had engaged in activities to criticize Baliban.

In 209, those presumed to have been deprived of scam were arrested, detained, and abused the plaintiff in 2009, and received money and valuables. Since around 2012, the plaintiff was found in the plaintiff's house and the plaintiff's punishment was mistaken for the plaintiff's punishment.

In the event that the Plaintiff returned to Pakistan, the Defendant did not recognize the Plaintiff as a refugee even though the risk of persecution is high on the grounds of a member of a specific social group or a political opinion. The instant disposition is unlawful.

나. 관계 법령 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는...

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