(영문) 서울행정법원 2016.02.12 2015구단18657

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(영문) 서울행정법원 2016.02.12 2015구단18657

난민불인정결정취소

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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 March 15, 2014, the Plaintiff entered the Republic of Korea with the status of stay (B-2) of the Republic of South Africa as a foreigner of the Republic of South Africa (hereinafter “Korea Africa”), and filed an application for refugee status with the Defendant on March 21, 2014.

B. On May 1, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be prejudicial 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.

C. The Plaintiff filed an objection with the Minister of Justice on May 6, 2015, but the said objection was dismissed on September 24, 2015.

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

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff moved to the Republic of Pakistan from the Republic of Korea on or around 2002 and married to the Republic of Korea on or around 2003, and acquired the remaining public citizenship on or around October 2005.

The Plaintiff settled in the remaining studio-phone (Blotein) and operated a small store. From around 2008, the Plaintiff continued to be damaged by leaving the studio from the blacks who suspected foreigners. On December 2013, 2013, the Plaintiff was suffering from the blacks who found the studio.

Meanwhile, from around 1985 to around 2002, the Plaintiff had been engaged in supporting activities of the QM political party and suspended its activities. From around 2011 to the Plaintiff’s family members remaining in Pakistan, the party leader of the QM threatens the Plaintiff to die unless the Plaintiff re-satised as a supporting person of the said political party.

Therefore, in the event that the plaintiff returns to the Republic of Korea, he suspended the legitimate support activities when he returns to Pakistan on the grounds that he is a foreigner.

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