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(영문) 서울행정법원 2016.08.26 2016구단13154
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 April 11, 2015, the Plaintiff, a foreigner with the nationality of Pakistan, entered into the Republic of Korea as a short-term visit (C-3) sojourn status on April 11, 2015 and stayed, and applied for refugee recognition to the Defendant on June 16, 2015.

B. On July 14, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to 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.

[Reasons for Recognition] Facts without dispute, Gap 1 through 4, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On August 14, 2014, the Plaintiff, as a member of the PTI of the country of nationality, was detained in the course of a demonstration against a political party that was opposed to the PL-N (Pakist L-N (Pakist L-Nawz) on August 14, 2014. On February 25, 2015, the Plaintiff’s assertion was arrested to the PL-N party members and was released to the PL-N party members for KRW 1 million and for KRW 30,000.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. The phrase “gambling” which serves as the requirement for recognition of refugee status 1 is “life.”

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