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(영문) 서울행정법원 2019.02.18 2018구단23452
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 2, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on June 2, 2017 and stayed, and applied for refugee status to the Defendant on June 8, 2017.

B. On June 27, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 27, 2017, but was dismissed on September 3, 2018, and the Plaintiff received a notice of dismissal decision on September 11, 2018.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff alleged that he had concealed the Plaintiff’s friendship, who died of police in Pakistan, but was arrested and detained by the police, and released money.

After that, until the departure of his country, the Plaintiff was threatened with the threat of murdering if he did not receive any other money from the police who received the money.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

(b) Determination 1: Article 2 Subparag. 1 of the Refugee Act; and Article 2 of the Refugee Act means a foreigner who, owing to well-founded fears recognizing that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, is unable or does not want to be protected from the country of nationality; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

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