logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.06.12 2019구단58448
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 April 13, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on April 13, 2016, and applied for refugee recognition to the Defendant on May 12, 2016.

B. On November 1, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on November 17, 2017, but was dismissed on February 14, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is a general member of the Pakistan Party B, and the Plaintiff was identified as a police officer’s death case in the Kamke area of Pakistan, and was released after being arrested by the Pakistan Police, but is currently assigned by the police officer of Pakistan.

In addition, the opposing party members of C also threaten the plaintiff by finding the plaintiff's house after the above case and searching the plaintiff's whereabouts.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling in the event that the Plaintiff returned to the Republic of Pakistan.

B. 1 The term “refugee” is either a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or such fear.

arrow