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(영문) 서울행정법원 2017.03.10 2016구단29692
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 December 10, 2003, the Plaintiff, who was a nationality of Pakistan, entered Korea with the status of non-professional employment (E-9) sojourn on December 10, 2003, and applied for refugee status to the Defendant on November 25, 2015.

B. On January 26, 2016, 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. On February 29, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 9, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the Plaintiff’s assertion Pakistan, Musstan divided Muslim into a religious strike, such as dynas, hynas, hynas, Walz, and there is little terrorism, murder, violence, and intimidation against the other species of the strike.

In fact, there are about 7% of the Pakistan population, about 20% of the Pacific population, and about 20% of the Pacific population, and a large number of times, such as the attacking and schooling of a small number of times, the cruel religious dispute has not ceased.

The plaintiff and family members have been threatened by the members of Laskar-E-Equipment(Lasharar-e-Jangvi), which is a fisheries organization, and the plaintiff's third village was also killed in 2014.

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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