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(영문) 서울행정법원 2019.05.14 2019구단2513
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, the following facts: short-term visit of sojourn status (C-3, 15 days) on April 7, 2016 of the date of entry into the Islamic Republic of Islamic Republic of Islamic (hereinafter “instant disposition”) for refugee status application (hereinafter “instant disposition”) on April 27, 2016: (a) the date of application for refugee status recognition; (b) August 9, 2017 of the date of the decision on April 27, 2016; (c) there is no dispute over the grounds for recognition of the rejection of the decision made on September 18, 2017; (d) the facts that there is no ground for recognition of the rejection of the decision made on September 29, 2018; and (e) the statements in subparagraphs 1 through 4, 2, and 2, and the purport

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a person supporting B party (B party, C), a party in Pakistan, and murdered a person supporting the D party while fighting with the support party (D party, E) who is the opposite party in B party.

In the event that the plaintiff is to return to a country of nationality, the plaintiff should be recognized as a refugee, as a retaliation is likely to be taken against D party supporters.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

The plaintiff submitted in light of the following circumstances, which can be seen by comprehensively taking into account the Doshel Doshel, the respective descriptions of the evidence Nos. 3 through 6 and the overall purport of the pleadings:

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