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(영문) 서울행정법원 2016.06.10 2015구단17449
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 July 27, 2014, the Plaintiff filed an application for refugee status with the Defendant on October 17, 2014, prior to the expiration of the period of stay ( October 25, 2014), when entering the Republic of Pakistan (C-3) and staying in the Republic of Korea for a short-term visit (C-3) sojourn on July 27, 2014.

B. On July 14, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that would be detrimental to a person’s status” as a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff is a sknife of the nationality of Pakistan.

In around 2012, the father of the Plaintiff died, and the father of the Plaintiff was granted a part of the Plaintiff’s land to the birth of the Plaintiff’s father so that the father of the Simmmar son (members) was born before the birth of the Plaintiff’s father, and three persons of the Simar dysmar dys, who were religious worship, was shot before the Plaintiff’s house around 2012

Therefore, the Plaintiff constitutes a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

(c) judgment 1.

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