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(영문) 서울행정법원 2016.04.27 2015구단63268
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 May 20, 2009, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on May 20, 2009, and applied for refugee recognition to the Defendant on January 15, 2014 (hereinafter “instant application for refugee recognition”).

B. On November 15, 2014, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On December 1, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.

[Grounds for recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From July 20, 2011 to September 6, 2011, the Plaintiff asserted that the Plaintiff visited the Sarachi City of Pakistan, and was threatened by two persons who look at the sarachi on August 28, 201 and September 1, 201, with the effect that “I would die without being known to us.”

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility that the plaintiff might be persecutiond from the lelebs.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee and shall serve as a requirement for recognition of refugee.

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