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(영문) 서울행정법원 2015.10.16 2015구단6135
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 August 4, 2010, the Plaintiff, an alien of the nationality of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), entered the Republic of Korea as a non-professional employment status (E-9) and stayed with the permission for extension of the period of stay, and filed an application for refugee status with the Defendant on May 16, 2013.

B. On February 26, 2014, the Defendant rendered a disposition of non-recognition of 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 suffer 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 evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion and the Plaintiff’s family members are Simpatha, and the father of the Plaintiff actively participated in the religious gathering against Simpatha, etc., twice a month.

Around 18:30 on January 30, 2013, the father of the Plaintiff was making up about 20 Simpha village by gathering about about 18:30 members of Simpha village in his house. However, the Plaintiff, a terrorist group, intruded with about 10 members of Lasar-e-Tababa, and assaulted the Plaintiff’s father and his children, and captured the Plaintiff’s South-North students.

Laskar-e-Tiba on February 2, 2013, the Plaintiff's father demanded USD 5,000 on the part of Laskar-e-Tab, and his father delivered USD 5,000 to the Plaintiff's father, and the Plaintiff's father returned to the other birth of the Plaintiff, but his body was in a state where there was no sex.

In addition, Laskar-e-Taib on December 25, 2013, the side of Laskar-e-Tab came into the home of the Plaintiff’s father on and around 19:00, and made a intimidation that “I will stop the Plaintiff’s religious meetings. I will not do so. I will not see the Plaintiff’s father. I will return to the Plaintiff’s father in a foreign country.”

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