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(영문) 서울행정법원 2016.05.13 2016구단3140
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 October 27, 2010, the Plaintiff, a foreigner with the nationality of Pakistan, entered the Republic of Korea for the first time and stayed in the Republic of Korea as a non-professional employment (E-9 and the period of sojourn until August 26, 2015) status, and applied for refugee status recognition to the Defendant on August 20, 2015.

B. On August 27, 2015, 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 Relating to the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined the PMF-PP (PP (PPP) political party in around 2004, and around December 27, 2007, before election, the Plaintiff joined the political party of PP (PPP) in order to obstruct the Plaintiff’s election campaign, and used the Plaintiff to take knife the Plaintiff’s knife and use the Plaintiff’s knife and assault the Plaintiff’s knifely on the part of the Plaintiff’s house.

After that, the plaintiff can not get assistance from the police and the government because the PPP party gets on the general line of the PPP party.

Therefore, the Plaintiff constitutes a refugee, and the instant disposition taken 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 wish to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is not entitled or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “orthing country”) due to such fear;

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