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(영문) 서울행정법원 2016.06.17 2015구단20452
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 February 26, 2006, the Plaintiff entered the Republic of Korea with a visa for short-term use (C-2) on a short-term basis (C-2) visa on February 26, 2006, and stayed in the Republic of Korea with a business investment (D-8), but did not receive the investment funds within the permitted period of sojourn, and returned to Pakistan on May 7, 2014 after returning the foreigner registration certificate, and returned to Pakistan. On November 20, 2014, the Plaintiff returned to the visa for a short-term visit (C-3) visa.

B. On February 5, 2015, the Plaintiff filed an application for refugee status with the Defendant. On February 24, 2015, the Defendant issued a disposition for refugee status refusal (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed to have “a sufficiently-founded fear that the Plaintiff would suffer from persecution” under 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 March 30, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On August 25, 2014, the Plaintiff asserted that he/she was threatened with the intent to demand a contribution of 1 million Won from the management staff of Laskar-e-Jangvi, an armed rioted organization, and the said management staff of the Plaintiff, who did not neglect the Plaintiff’s payment of money, attempted to capture the Plaintiff on two occasions on September 3 and November 13, 2014, and the Plaintiff left the Republic of Korea to avoid the harm of the said organization.

In the event that the plaintiff returns to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even though it is likely that the plaintiff might be stuffed by the armed forces.

B. (1) Determination is (1) Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention.

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