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(영문) 광주지방법원 2018.11.15 2018구단1278
난민불인정처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On January 6, 2010, the Plaintiff, a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), entered the Republic of Pakistan as a non-professional employment (E-9) sojourn status and applied for refugee recognition to the Defendant on March 14, 2016.

B. On September 19, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on October 5, 2016. However, on December 7, 2017, the application was dismissed, and the notification of dismissal of the application was served on the Plaintiff on December 11, 2017.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1 through 3, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that: (a) from May 2012, the Plaintiff operated the DV lending store for about nine (9) days; (b) the Plaintiff’s treatment of the Plaintiff was forced to close the store that it does not fit Islamic culture; (c) the Plaintiff was subject to assault; and (d) the Plaintiff was threatened with murder; and (c) thus, there is sufficient concern that the Plaintiff would be imminent in returning to Pakistan; and (d) the instant disposition that did not recognize it on a different premise is unlawful.

(b) A litigation seeking revocation shall be instituted within 90 days from the date on which the disposition, etc. is known, and where the appeal has been made, the original copy of the written adjudication shall be filed within 90 days from the date of receiving

(Article 20(1) of the Administrative Litigation Act. The fact that the Plaintiff received on December 11, 2017, after raising an objection falling under an administrative appeal due to an objection against the instant disposition, that the Plaintiff received a notice of decision to dismiss the objection, is as seen earlier, and the instant lawsuit is filed.

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