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(영문) 서울행정법원 2017.04.19 2017구단52873
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 October 22, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on October 22, 2015, and applied for refugee status to the Defendant on January 20, 2016.

B. On May 31, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff appealed and filed an objection with the Minister of Justice on June 15, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff was forced from 2002 to 2008 from 2002 to 2008, who was a member of the PMF-N, a member of the National Assembly and a member of the competent military force.

The plaintiff reported the fact to the police with the help of the PML- Q party members, which was the first party, but it was rather threatened with murder.

Therefore, in the event that the plaintiff returned to Pakistan, there is a risk of persecution, and the disposition of this case, which did not recognize the plaintiff as a refugee, should be deemed unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or due to such fear.

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