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(영문) 서울행정법원 2015.04.02 2014구합22359
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 August 29, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on August 29, 2013, and filed an application for refugee status with the Defendant on September 17, 2013.

B. On February 28, 2014, the Defendant rendered a disposition of non-recognition of 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 suffer 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.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on March 27, 2014, but the Minister of Justice dismissed the said objection on December 16, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined a political party of QM around 1998 and participated in the public relations activities or the participation in a meeting of the parties to QM.

M QM political parties and hostile Awami Native Part (hereinafter referred to as "NP") threatened the Plaintiff to the effect that the Plaintiff would die on the ground that the Plaintiff was a member of QM. On July 30, 2013 and July 31, 2013, the Plaintiff was a shot threat of murder.

Therefore, in the event that the Plaintiff returned to Pakistan, there is a concern that the Plaintiff might be stuffed from the NP on the grounds of the above political opinion, and thus, the instant disposition taken on a different premise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. (1) Determination 1) Article 2 Subparag. 1 and Article 18(1) of the former Refugee Act (amended by Act No. 12421, Mar. 18, 2014; Article 1 of the Refugee Convention; Article 1 of the Refugee Protocol.

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