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(영문) 서울행정법원 2019.08.14 2019구단63259
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 June 25, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on June 25, 2017, and applied for refugee recognition to the Defendant on June 29, 2017.

B. On February 13, 2018, 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 the Plaintiff 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 on the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on March 6, 2018, but the objection was dismissed on May 27, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that: (a) the Plaintiff was attending a archefachi and was engaged in promotional activities of its members, etc.; (b) on February 14, 2016, the Plaintiff was subject to assault from the members of “B,” an armed force group, and thereafter, was subject to shooting; and (c) was in danger of being forced to capture.

In addition, on May 22, 2017, at the time of residing in the Kara of Pakistan, the Plaintiff was threatened with intimidation on the ground that the Plaintiff was from the party members of Pakistan, a party to the punb area.

Therefore, inasmuch as there exists a well-founded fear that the Plaintiff’s return to the Republic of Pakistan would be subject to gambling as above, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. 1 The term “refugee” refers to a person who is unable to receive or is entitled to receive the protection of a country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion.

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