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(영문) 서울행정법원 2020.01.16 2019구단16673
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 July 7, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) foreigner with the nationality of Pakistan, and applied for refugee status to the Defendant on August 7, 2017.

B. On March 29, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” 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.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on May 8, 2018, but the Minister of Justice dismissed the objection on May 27, 2019.

On August 2, 2019, the Plaintiff received a notice of dismissal of the said objection, and filed the instant lawsuit on October 18, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had been engaged in the business in Pakistan and caused the enemy, and that the partner had caused the enemy, thereby threatening the Plaintiff several times, and led to the Plaintiff’s rocketing.

If the plaintiff returned to Pakistan, it would be threatened by the partner, so the plaintiff should be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act defines “Refugees” as “foreigners who are unable or do not want to be protected by the country of nationality due to well-founded fear of being recognized as being imprisonable on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, cannot return to, or does not want to return to, the country in which they had resided before entering the Republic of Korea.”

According to the above legal provisions, refugee status is recognized.

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