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(영문) 서울행정법원 2016.07.22 2016구단10018
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 September 4, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on September 4, 2015, and left the Republic of Korea after filing an application for refugee status with the Defendant on September 18, 2015.

B. On October 26, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution as a refugee under 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] Uncontentious Facts, Gap 1, Eul 1, Eul 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that, at the time of operating clothes in Pakistan, the Plaintiff was forced to take money from the violent organization called "Lyari Gang" supporting the PP party under his/her own name, and was under his/her threat of murder on the ground that he/she reported the fact of damage to the police.

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) 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. The Plaintiff submitted the judgment in light of the following circumstances acknowledged by comprehensively taking account of the descriptions of No. 3 and the purport of the entire pleadings.

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