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(영문) 서울행정법원 2019.03.29 2018구단77084
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 March 2, 2017, the Plaintiff entered the Republic of Korea with the nationality of the Republic of Pakistan (Islaistan (hereinafter “Skistan”), and applied for refugee status to the Defendant on March 21, 2017, with the short-term visit (C-3) sojourn status.

B. On September 11, 2017, the Defendant rendered a decision to deny refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as stipulated by 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”) as a requirement for refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on September 21, 2017, but the Minister of Justice dismissed the objection on September 14, 2018.

[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 instant disposition is lawful

A. The Plaintiff’s assertion is a person who resided in Pakistan B and operated automobile parts.

The Plaintiff’s family members were friendly with the same Eastern Asian Espace, but around February 2016, C (C; hereinafter “instant organization”) members of the terrorist organization that rejected the Aspacepha (hereinafter “instant organization”) found the Plaintiff and joined the instant organization in order to cause a large amount of harm to the Plaintiff’s office without complying with the demands.

The Plaintiff’s aforementioned situation constitutes a well-founded fear that there is sufficient ground to believe that he/she may be injured on the ground that he/she is a member of a religion or a specific social group, and the Plaintiff does not want to be protected from the country of nationality.

Nevertheless, the defendant who did not recognize the plaintiff as a refugee.

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