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(영문) 서울행정법원 2016.08.26 2016구단11509
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 8, 2013, the Plaintiff, a foreigner with the nationality of Pakistan, entered into the Republic of Korea as a sojourn status for studying abroad (D-2) and stayed, and applied for refugee status to the Defendant on August 20, 2014.

B. On October 7, 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 of “a well-founded fear that would be subject to persecution” as a requirement of 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] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that: (a) as a member of the Korean Federation of National Students (PSF) in the country of nationality, the Plaintiff served as an accounting secretary, a general secretary, etc.; and (b) on May 2, 2013, there was a fighting with members of the Musslim Union of Musl Students (MSF) as an opposing organization during an election campaign.

After that, mF members found the Plaintiff’s son and threatened the Plaintiff to die if the Plaintiff ceases to engage in PEF activities, and even around May 2014 when the Plaintiff resided in the Republic of Korea, the Plaintiff told the Plaintiff that “I will not leave the Plaintiff.”

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be affected by gambling when the plaintiff returned to Pakistan is high.

(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 a 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 particular social group, or political opinion, or a country in which such fear has resided before entering the Republic of Korea (hereinafter referred to as "beneficial country");

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