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(영문) 서울행정법원 2015.08.28 2015구단6722
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 December 1, 2013, the Plaintiff was a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and was staying in the Republic of Korea after having entered the Republic of Korea for short-term visit (C-3) and having extended the period of stay, and applied for refugee recognition on February 20, 2014.

B. On March 11, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “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 evidence Nos. 1, Eul evidence Nos. 1 to 2, the purport of the whole pleadings

2. Details of the disposition;

A. The Plaintiff asserted that the Plaintiff was a hydropatha, which was an armed organization of the hydropatha department, and was threatened by intimidation that the Plaintiff would die if it did not like underground diversing activities.

Therefore, in the event that the Plaintiff returned to Pakistan, even though it is likely to be imprisoned by the Leban on the ground that the Plaintiff refused the demand for undergroundd activities, the instant disposition taken on a different premise is unlawful.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

Article 18 (Recognition, etc. of Refugees) (1) The Minister of Justice shall recognize refugee status.

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