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(영문) 서울행정법원 2014.11.14 2014구합10400
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On August 9, 2005, the Plaintiff, an alien of the nationality of the Islamic Republic of Pakistan (hereinafter referred to as "Pakic Republic"), who first entered the Republic of Korea and stays in the Republic of Korea as a non-professional employment (E-9) and repeated entry and departure, and filed an application for refugee status with the Defendant on October 6, 2011.

On October 1, 2013, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there was no “probably-founded fear of persecution” (see Article 2 subparag. 3 of the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Convention on the Status of Refugees; Article 1 of the Protocol on the Status of Refugees).

The Plaintiff filed an objection with the Minister of Justice on October 4, 2013, but was dismissed on April 11, 2014.

[Grounds for recognition] The Plaintiff’s assertion as to the legitimacy of the disposition of the instant case as to Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, 2, and 1, and 2, and the purport of the entire pleadings, and entered the Republic of Korea.

From 2003 when the Plaintiff was in Pakistan, the Plaintiff was working for a political party in the name of "Awami" (hereinafter referred to as "NP").

Accordingly, the political parties belonging to the political parties to which the Plaintiff was a party, which are hostile political parties, called the Plaintiff, to refrain from engaging in the Plaintiff’s justifiable activities, and to threaten the Plaintiff. On March 201, when the Plaintiff entered the Republic of Korea, then the members of the political parties belonging to QM demanded the Plaintiff to capture the Plaintiff and refrain from engaging in the Plaintiff’s lawful activities, and to take money and valuables from the Plaintiff.

If the plaintiff returned to Pakistan, the defendant did not recognize the plaintiff as a refugee even though the risk of persecution is high due to political opinion, and the disposition of this case is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

J. B.

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