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(영문) 서울행정법원 2017.05.17 2017구단520
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. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on December 21, 2015, and applied for refugee recognition to the Defendant on January 14, 2016.

B. On January 25, 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. On January 29, 2016, the Plaintiff filed an objection with the Minister of Justice on January 29, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on December 22, 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 is that the Plaintiff suffers a dispute over the third villages in Pakistan and land ownership.

In addition, the plaintiff has observed the fact that one of the third villages has died.

Therefore, in the event that the plaintiff returns to Pakistan, there is a risk of stuffing from the third villages, 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 a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided before entering the Republic of Korea, should be recognized as a refugee, and the requirements for recognition of refugee are satisfied.

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