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(영문) 서울행정법원 2017.07.12 2017구단8890
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 March 2, 201, the Plaintiff entered the Republic of Korea on March 2, 201, and applied for refugee recognition to the Defendant on December 24, 2015.

B. On April 26, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on June 10, 2016, but was dismissed on December 22, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion and the father of the Plaintiff have subscribed to the Pakistan Mussist Muslim Lell - Nwaz (hereinafter “PML-N”).

The father of the plaintiff was the MF-N of the high-speed village.

PML-N is in a hostile relationship with the leaples of Pakistan.

On November 10, 2014, the lelebs of the plaintiff's family member died due to the death of the plaintiff's male birth.

In addition, the plaintiff's 13 years of age (the 13 years of age) calls for a PEL-N party conference, and active school actively threatens the plaintiff that the plaintiff will leave 500,000 to the plaintiff after he arrested the plaintiff's son on January 12, 2015.

Despite these threats, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a member of a particular social group or a political opinion may be protected by the country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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