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(영문) 서울행정법원 2019.08.22 2019구단3882
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. The Plaintiff entered the Republic of Korea on June 4, 2016 with the status of stay C-3 (short-term visit) (short-term visit) of the Republic of Pakistan (Islamistan, hereinafter “Skistan”) nationality.

B. On July 4, 2016, the Plaintiff filed an application for refugee status with the Defendant, but the Defendant, on October 20, 2017, issued a disposition to recognize refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On November 20, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, 5, and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff was a sponsor of the Party B, and performed the said party election campaign around May 2015.

During the election campaign, conflicts with those supporting C party have occurred, and they were sprinked with them. Since then, they were finding the Plaintiff’s house and threatening the general public and threatening them.

If the plaintiff is to return to the Pakistan, which is its home country, there is still a risk of threat to life or physical freedom from those who support C party.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a refugee is a race, religion, nationality, and a particular social group.

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