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(영문) 서울행정법원 2015.04.09 2014구합19742
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. The Plaintiff entered the Republic of Korea on July 7, 201 with a short-term visit (C-3) sojourn status as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and filed an application for refugee status with the Defendant on August 13, 2012, after the expiration of the period of stay on October 5, 2011, which was after the expiration of the period of stay.

B. The Defendant, on January 17, 2014, promulgated with sufficient grounds for gambling (amended by the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; hereinafter the same shall apply)

) On the ground that Article 2 of the Convention on the Status of Refugees, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees cannot be deemed to exist, a disposition not to recognize refugee status (hereinafter “instant disposition”) was made.

C. On February 3, 2014, the Plaintiff filed an objection with the Minister of Justice on February 3, 2014, but the said objection was dismissed on September 30, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On January 2010, the Plaintiff asserted that he/she joined a political party called Awama (hereinafter “NP”) and did not engage in any special position or political activity, but did not publicize the party membership.

On July 22, 2010, the Plaintiff installed the Doctrine and the promotional materials of the NP, and was rated by the party members of the political party, the hostile Mutada Quum Move Management (hereinafter referred to as the “M QM”), which led to the death of B, the Plaintiff’s Doctrine.

In addition, on January 26, 2011, the Plaintiff was subject to violence from the members of M QM on the grounds that the Plaintiff is a member of the NMP.

Therefore, since the Plaintiff’s return to the Republic of Korea is likely to be detrimental to the political party of QM due to political opinions, the instant disposition made on a different premise is unlawful.

B. Relevant statutes are attached thereto.

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