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(영문) 서울행정법원 2016.05.13 2015구단19100
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 October 22, 2008, the Plaintiff, an alien of the nationality of the Republic of Pakistan (hereinafter referred to as “Pakistan”) and stayed in the Republic of Korea upon obtaining permission for extension of the period of sojourn on October 22, 2008, and filed an application for refugee status with the Defendant on August 20, 2013, prior to the expiration of the period of sojourn ( August 21, 2013).

B. On June 30, 2014, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by 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] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he/she entered the Republic of Korea on October 22, 2008, and returned to Pakistan, and he/she was admitted as a general member of the PTPP branch of the Nagoya-si on November 201, 201.

After that, the Plaintiff returned to Pakistan in order to support the election of the PTPP in around 2013 after re-entry the Republic of Korea. On May 11, 2013, the Plaintiff discovered the illegal voting by the members of the PMF-N party while carrying out political activities, such as promoting and recruiting support persons, etc., and added a vision.

PML-N party members and three members of PTPP party members were in a situation where they were fighting and assaulted within the polling station. While the plaintiff was at home while fighting, the plaintiff tried to kill the plaintiff by holding the guns and driving away from the plaintiff's house.

Therefore, although the plaintiff reported directly to the police, the police did not commence the investigation because the police was the centralized party at the time of PML-N.

Ultimately, the Plaintiff feel fear of murder from PML-N and around May 17, 2013.

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