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(영문) 서울행정법원 2019.07.04 2019구단4274
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 January 31, 2016, the Plaintiff, a foreigner of Pakistanan nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status, and applied for refugee status to the Defendant on February 16, 2016.

B. On December 13, 2017, the Defendant rendered a decision on the recognition of refugee status on the ground that, as to the Plaintiff, it cannot be recognized that the “ sufficiently based fears that he would suffer from 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 cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on December 19, 2017, but the Minister of Justice dismissed the objection on November 29, 2018.

On January 18, 2019, the Plaintiff received a notice of dismissal of the said objection, and filed the instant lawsuit on March 18, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff supported B from Pakistan, and that on October 17, 2015, the dispute with C Supporters went away from B, including the Plaintiff, and thereafter, C Supporters found the Plaintiff.

In the event that the plaintiff returns to Pakistan, the plaintiff needs to be recognized as a refugee.

B. 1) “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (see Article 2 subparag. 1 of the Refugee Act). Meanwhile, “persecution” which serves as a requirement for recognition of refugee status is a life, body or life.

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