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(영문) 서울행정법원 2019.10.08 2019구단12510
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts: (a) the short-term visit for refugee status (C-3,30 days) on September 18, 2017 (hereinafter “instant disposition”) on the date of entry into the Islamic Republic of Islamic Republic of Pakistan; (b) the date of application for refugee status recognition (hereinafter “instant disposition”) on November 17, 2017; (c) the date of application for refugee status recognition; (d) the date of notification on March 6, 2018; (e) there is no dispute over the grounds for recognition of the rejection of the decision subject to notification on April 18, 2018; (e) the fact that there is no ground for recognition of the rejection of the decision subject to notification on July 30, 2019; (e) the entries in subparagraphs 1 and

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff operated the company producing fertilizers with its partners in Pakistan, and the partner threatened the Plaintiff to forced withdrawal from the partnership relationship, along with the remaining dynamics of the member of the Pakistan National Assembly.

When the plaintiff refused this, three members of the plaintiff's house infringed upon and threatened the plaintiff's house, and assaulted the plaintiff and their families.

In order to avoid such threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the Plaintiff entered the Republic of Korea and applied for recognition of refugee status is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

dr.

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