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(영문) 서울행정법원 2015.05.08 2014구합18879
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 18, 2006, the Plaintiff, a foreigner of the nationality of the Islamic Republic of Pakistan (hereinafter referred to as "Pakic Republic of Pakistan"), entered the Republic of Korea for the first time and engaged in job-seeking activities in the Republic of Korea as non-professional employment (E-9) and applied for refugee status to the Defendant before the expiration of the relevant sojourn period (on November 28, 2012).

On January 24, 2014, the Defendant issued a non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there was no “probably-founded fear of persecution” (see Article 2 subparag. 3 of the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Convention on the Status of Refugees; Article 1 of the Protocol on the Status of Refugees” (hereinafter “instant disposition”).

The Plaintiff filed an objection with the Minister of Justice on February 21, 2014, but was dismissed on September 30, 2014.

[Based on the recognition, the Plaintiff’s assertion as to the legitimacy of the disposition of the instant case as to Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, 2, and 1, and 2, and the purport of the entire pleadings was born and cultivated in Punja.

The father of the Plaintiff actively engaged in political party activities as a member of the "PP" Party (Pakistan Peops Party, hereinafter referred to as the "PP"), and the Plaintiff also joined the PP and participated in political party activities.

A political party called "PL-N" is a party in conflict with a PP. Around October 2009, when the Plaintiff visited Pakistan, the PML-N party attacked the Plaintiff in the PP office.

Although the plaintiff tried to report this to the police, the police did not receive the plaintiff's report on the ground that the PML-N was currently located within the Pakistan.

As can be seen, the defendant did not recognize the plaintiff as a refugee even though the risk of persecution is high on the grounds of political opinion. The disposition of this case is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Recognizing fact, Pakistan.

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