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(영문) 서울행정법원 2017.07.07 2017구단57649
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 November 3, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis (C-3), and applied for refugee status to the Defendant on January 29, 2016.

B. On March 8, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on April 14, 2016, but the said objection was dismissed on the same ground as December 22, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion took place from around 2000 to around 2006 by joining the PMF-N, a political party of Pakistan. However, around 2006, the Plaintiff resigned from the above political party, and thereafter, the Plaintiff joined the PML- Q, thereby making efforts to promote the community’s welfare activities and promoting PML- Q.

As such, B and C, a member of the PML-N party, had been injured by the Plaintiff, and died of her birth, mutatis mutandis around October 201, 201, when the Plaintiff was fluored with respect to the birth of the Plaintiff and the Plaintiff’s birth.

Therefore, although the plaintiff reported to the police, they rather regarded the plaintiff as sexual assault crime, and they continuously threaten the plaintiff as they cancel their complaint.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. Determination 1 'Refugee' is a well-founded fear that is likely to be detrimental to a person’s race, religion, nationality, status as a member of a particular social group, or political opinion, and thus, constitutes a country of nationality.

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