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(영문) 서울행정법원 2019.04.09 2019구단1176
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) on February 18, 1997, the date of entry into the Islamic Republic of Islamic Republic of Pakistan (D-3 and 2 years) of the date of application for refugee status recognition (hereinafter “instant disposition”) on February 18, 1997; (b) on May 18, 2016, the date of application for refugee status recognition; (c) on July 5, 2017, the date of decision on May 18, 2016: The fact that there is no ground for rejection of the decision of the decision of September 3, 2018 as of the date of application for objection that there is no ground for rejection of the decision of the decision of September 2, 2017; (d) Gap evidence 1, 2, Eul evidence 1 and 2;

2. Whether the instant disposition is lawful

A. The Plaintiff’s member, who was a extreme group in the claim of the Plaintiff, demanded money from around 1995 to 1997, and refused it, the Plaintiff assaulted the Plaintiff, and kidnapped the Plaintiff’s her her fry and paid its physical value.

The Plaintiff needs to be recognized as a refugee since the Plaintiff’s entry into the Republic of Korea and the return to the Republic of Korea with Pakistan may still undergo such a threat.

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.”

Shelled Shells, Eul evidence 2 to 4 (including paper numbers).

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