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(영문) 서울행정법원 2017.07.06 2017구단10831
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 20, 2015, the Plaintiff entered the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”) as a foreigner of the Islamic Republic of Pakistan, and applied for refugee status to the Defendant on October 20, 2015 after entering the Republic of Korea as a short-term visit (C-3) sojourn status.

On December 9, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

The Plaintiff filed an objection with the Minister of Justice on December 17, 2015, but was dismissed on February 24, 2017.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff supported the PTPP, not the PTPP member, and that the Plaintiff was engaged in the public relations activities of the PTPP from around 2012.

Before and after the election from March to April 2013, 2013, PML-N party members intimidation to find the Plaintiff's house and change the support party.

The disposition of this case that the Plaintiff did not recognize as a refugee is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, shall be recognized as refugee, and recognition of refugee.

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