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(영문) 서울행정법원 2015.04.17 2014구합21080
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On July 11, 2006, the Plaintiff, a foreigner of the nationality of the Islamic Republic of Pakistan (hereinafter referred to as "Pakic Republic"), was staying in the Republic of Korea as the status of non-professional employment (mark E-9) after entering the Republic of Korea for the first time, and applied for refugee status against the Defendant on October 22, 2012 after the expiration of the period of sojourn ( September 25, 2012).

On February 4, 2014, the Defendant issued a disposition for non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there was no “probably-founded fear of persecution” (see Article 2 subparag. 3 of the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012), Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees).

The Plaintiff filed an objection with the Minister of Justice on March 3, 2014, but was dismissed on September 30, 2014.

[Based on recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, and the purport of the entire pleadings of this case is legitimate, the plaintiff's assertion that the disposition of this case is legitimate, and the plaintiff joined a political party under the name of "Muta Quami Mom Management" (hereinafter referred to as "MM"), which was born and cultivated in the area of Punja Guidea (Guja) in 2005.

On November 9, 201, the time when the Plaintiff temporarily returned from Pakistan, the Plaintiff was subject to the total attack from two men in the name of Pakistan on November 9, 201, and then was threatened by telephone that “I will not keep it.”

The Plaintiff appears to be a party member of the PP “PP” (Pakist Peops Party), a party against MPM. As such, when the Plaintiff returned to Pakistan, it may be threatened by political opinions from the PP party members, but the Defendant did not recognize the Plaintiff as a refugee, so the instant disposition is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

According to the evidence No. 4, PP is a multi-party election implemented around February 2008.

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