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(영문) 서울행정법원 2017.11.02 2017구단70192
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff entered the Republic of Korea on September 11, 2016 as a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), and applied for refugee status to the Defendant on October 10, 2016.

On February 3, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that it would be detrimental to the status of refugee” under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

On February 15, 2017, the Plaintiff filed an objection with the Minister of Justice on February 15, 2017, but was dismissed on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, 4, 5, 9, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff admitted the Plaintiff as a PL-N (Pakist Mus Lagle-Nawz) member and was engaged in the Plaintiff’s PML-N election campaign around 2013.

Plaintiff

High village was led by a political party of PTI (PAkistan Tek-e-insaf), and as a result, PTI threatened the Plaintiff that he would not engage in PML-N party activities, and around May 21, 2012, B would find the Plaintiff as the Plaintiff’s home with 5-6 persons, and threatened the Plaintiff with the Plaintiff’s punishment and sentence.

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 former 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 is not entitled to protection of the country of nationality or does not want protection of 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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