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(영문) 서울행정법원 2016.08.12 2016구단9414
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 a short-term visit (C-3) visa on December 15, 2014 as a foreigner of the nationality of Pakistan, and applied for refugee status to the Defendant on December 30, 2014.

B. On November 3, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. As to this, the Plaintiff filed an objection with the Minister of Justice on November 18, 2015, but was dismissed on March 23, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion was a member of the Pakist Musist Mussm Musszam (hereinafter “PM-Szam”) since 1990, but the Plaintiff’s father changed the political party that supported from 2011 into A and Bakistan Awam (hereinafter “PAT”), and all of the Plaintiff’s family members supported PAT.

On November 15, 2013, PML- Q party members arrested the Plaintiff on the grounds that the Plaintiff’s family members changed their political parties. They received 5 million rush from the Plaintiff’s father and released the Plaintiff. However, even after then, they threatened the Plaintiff to kill the Plaintiff’s family members without demanding money and giving money.

In the event that the Plaintiff returned to his home country, the instant disposition, which did not recognize the Plaintiff as a refugee, is unlawful, despite the possibility that the Plaintiff might be stuffed from the PML- Q party members on the grounds of such political opinion

B. (1) In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, race, religion, nationality, and specific.

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