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(영문) 서울행정법원 2016.06.03 2016구단7012
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Pakistan - Entry and refugee application: August 30, 2005 (Status of Sojourn: E-8)

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds: A sufficiently-founded fear of persecution cannot be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that no dispute exists on December 14, 2015 (based on recognition), Gap’s evidence Nos. 1, 2, Eul’s statement of evidence Nos. 1, 2, 3, and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was a woman-friendly organization from the Sim that was a woman-friendly organization in the Sim that was born in the Simstan when he was finite in Islamic Republic of Pakistan.

However, on April 2010, female-friendly families of the Gu opposed to the plaintiff's marriage for religious reasons, and died in the process, which led to the plaintiff's death, and around 2011, female-friendly families were injured by the plaintiff's family members of the Gu with a total rank in the bridge.

When the plaintiff returns to the Republic of Korea with Pakistan, it is likely that female-friendly families or the Simphal shot will be stuffed by the plaintiff.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize 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 is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the following circumstances revealed by the evidence revealed as above, the Plaintiff’s “a race, religion, nationality, membership of a specific social group, or political opinion.”

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