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(영문) 서울행정법원 2016.05.13 2015구단62616
난민불인정처분취소
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Pakistan - Entry and refugee application: February 4, 2009 (Status of Sojourn: E-9) on November 28, 2013

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.

(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: Facts that there is no dispute on September 24, 2015 [based on recognition], evidence Nos. 1, 2, and No. 1, 2, 3, 5, and 6, respectively, and purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Since from 2006, the Plaintiff joined as a member of the PPP party of Pakistan, and thereby, the Plaintiff is threatened by the opposing party, there is a well-founded fear that there is a sufficient ground to recognize that the Plaintiff may be detrimental to the status of a specific social group or political opinion.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugee” means 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 specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances revealed by adding the whole purport of the pleadings to the evidence as stated in subparagraph 2) and the evidence stated in subparagraph 4, as well as the evidence stated in subparagraph 4, it is difficult to view that the Plaintiff has “a well-founded fear on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge this.

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