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(영문) 서울행정법원 2017.03.30 2017구단3727
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 June 12, 2015, the Plaintiff entered the Republic of Pakistan (C-3) as a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), and applied for refugee status to the Defendant on August 17, 2015.

B. On September 23, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

C. On October 18, 2015, the Plaintiff filed an objection with the Minister of Justice on October 18, 2015, but was dismissed on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff joined the PAT (Pakistan Awamsmreek) of Pakistan and took part in the demonstration on June 17, 2014, while protecting the representative of the PAT party by participating in the demonstration on June 17, 2014; (b) the police of punjb and the PM-N (PL-N (Pawaz) of the relevant party.

In the event that the Plaintiff’s return to his home country is likely to be killed for the same reason, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former 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 those who, due to such fear, resided in Korea before entering Korea.

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