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(영문) 서울행정법원 2016.02.12 2015구단14907
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 June 11, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) status as a foreigner of Pakistanan nationality, and applied for refugee status to the Defendant on July 1, 2014.

B. On June 24, 2015, 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”).

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is threatened with the threat of the members of the PE-N (Pakist Musist Mus Lagle-N hereinafter “PL-N”), on the grounds that the Plaintiff supported M QuM (hereinafter “M QuM”).

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful, despite the possibility that the Plaintiff might be stuffed from the PMF-N’s staff on the grounds of political view when the Plaintiff returned to Pakistan.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected or do not want to be protected 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 “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”

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