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(영문) 서울행정법원 2017.10.27 2017구단22711
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the facts that there is no ground for recognizing that there is no sufficient ground for recognizing refugee non-recognition for refugee status as of April 30, 2015 on the date of application for refugee status non-professional employment (E-9) (hereinafter “instant disposition”) (hereinafter “instant disposition”) on July 9, 2008, the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Pakistan, and that there is no ground for recognizing that the decision of the Supreme Court rendered on April 26, 2017 would be subject to persecution: The evidence No. 1, Eul evidence Nos. 1, 1, and 2, and the purport of all pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”).

The plaintiff is the supporter of the PTPP, who is the party, and there is a fighting with the female PE-N on the end of 2007, together with another TPP supporter.

The plaintiff reported the PML-N to the police, but the police did not receive the report.

Accordingly, the plaintiff has left the Republic of Korea in the Republic of Korea while leaving the Pakistan.

As such, the Plaintiff’s return to Pakistan is likely to pose a threat to the PMF-N side, and thus, the Plaintiff should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or a foreigner who is not a national who, due to such fear, is unable to return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” 2) In full view of the evidence and evidence as mentioned in subparagraph 3 as well as the following circumstances revealed by adding the purport of the pleading to the statement in subparagraph 3, it is difficult to view that the Plaintiff has “a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.”

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