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(영문) 서울행정법원 2019.07.04 2019구단5666
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 October 31, 2015 with the status of stay C-3 (short-term visit) (short-term visit) of the Republic of Pakistan (Islamistan, hereinafter referred to as “Skistan”) nationality.

B. On March 16, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on October 20, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuges that there are sufficient grounds for fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees.

C. On November 17, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is that approximately 200 to 250 of high village residents in the Republic of Korea will indicate “B fixed name E.” in the place where approximately 200 to 250 people are gathered. In addition, there are several armed forces in the C. C. in Pakistan. Among them, the organization of the largest form of armed forces in the C.C is “F.” Although it is not specified that the term “C” referred to by the Plaintiff refers to any organization, it is not specified, but in the following: (a) it refers to all the three forces in the Pakistan. The Plaintiff refers to an organization with a new name “G” at the date of pleading in this court; (b) it refers to whether such organization actually exists in Pakistan.

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