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(영문) 서울행정법원 2017.10.26 2017구단25673
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 April 28, 2014, the Plaintiff, a foreigner with the nationality of Pakistan, entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term basis, and stayed, and applied for refugee status to the Defendant on August 5, 2014.

B. On December 23, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” stipulated in 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 22, 2016, but was dismissed on July 18, 2017, and the Plaintiff received a notice of dismissal decision on July 24, 2017.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's spouse and children remaining in Pakistan were asked to pay money to the members of QM to the plaintiff's spouse and children when the plaintiff was working in ASEAN, which caused the plaintiff's accident by its members.

In the event that the plaintiff returned to his country, there is a risk of intimidation to the staff members of QM.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

(b)(1) Determinations: Article 2 subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the same Act provides that a well-founded fear to recognize that a person is likely to be injured on the ground of race, religion, nationality, membership of a particular social group; or a foreigner who is unable or does not want to be protected from the country of nationality; or a country in which he/she had resided before entering Korea

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