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(영문) 서울행정법원 2014.03.27 2013구합14733
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 9, 2005, the Plaintiff entered the Republic of Korea with a visa for sojourn status of industrial training (D-3) in the Islamic Republic of Pakistan (hereinafter “Skistan”), and applied for refugee status to the Defendant on April 29, 201.

B. On August 3, 2012, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute “a well-founded fear of persecution” as a refugee requirement under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On September 21, 2012, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on May 20, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted (1) around March 2005, 2005, prior to entering the Republic of Korea, the Plaintiff promised to marry a woman “B” to enter the Republic of Korea. The father of the female demanded the Plaintiff to be hedging with B by disclosing that he/she is his/her father “C” (hereinafter “C”) and demanding the Plaintiff to be hedging. If not hedging, the Plaintiff and his/her family members’ life were threatened.

(2) After July 2008, the Plaintiff, from the Plaintiff’s father, expressed that “B was killed as an honorary deceased person. B’s father was responsible for the death of B, and was murdered by the Plaintiff and his family members, and the Plaintiff’s whereabouts were found, such as murdering the Plaintiff’s father and searching the Plaintiff’s father’s vehicle. Around July 2008, 2008, the Plaintiff expressed that “B was killed as an honorary deceased person.”

(3) therefore.

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