logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.09.09 2016구단17460
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 March 21, 2015, the Plaintiff filed an application for refugee status with the Defendant on May 1, 2015, May 2015, 2015, which was prior to the expiration of the period of stay (on June 19, 2015), when entering the Republic of Pakistan (C-3) and staying in the Republic of Pakistan for a short-term visit (C-3) sojourn on March 21, 2015.

B. On May 15, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the Plaintiff’s assertion Pakistan, the Plaintiff’s father, who was presumed to have been engaged in the activities in the NP political party, and the Plaintiff’s father would die without the Plaintiff’s father’s discontinuation of the activities, and the Plaintiff’s father would die.

Therefore, the Plaintiff constitutes a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. Determination 1 is recognized by comprehensively taking account of the respective descriptions of Nos. 3 and 4 and the purport of the entire pleadings.

arrow