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(영문) 서울행정법원 2014.12.19 2014구합16859
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On December 13, 2005, the Plaintiff, a foreigner of the nationality of the Republic of Pakistan (hereinafter referred to as "Pakistan") entered the Republic of Pakistan (hereinafter referred to as "Pakistan") and stayed in the Republic of Korea after changing his/her status of stay to the industrial trainee (D-3). On November 28, 2011, the Plaintiff applied for refugee status to the Defendant.

The Defendant, on November 27, 2013, “a well-founded fear of persecution” (amended by the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; hereinafter the same shall apply)

) On the ground that Article 2 Subparag. 3 of the Convention on the Status of Refugees, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees cannot be deemed to exist (hereinafter “instant disposition”), a disposition for non-recognition of refugee status (hereinafter “instant disposition”).

The Plaintiff filed an objection with the Minister of Justice on January 8, 2014, but was dismissed on June 27, 2014.

【In the absence of any dispute, the Plaintiff suffered an injury by being attacked with a deadly weapon on November 24, 2008, since the dispute between relatives who suffered from the land inherited by the Plaintiff, as a result of the Plaintiff’s visit around November 24, 2008, when the Plaintiff alleged whether the disposition of this case was legitimate, as stated in Gap’s Nos. 1, 2, 3, and Eul’s evidence No. 3, and the purport of the entire pleadings.

Since the Plaintiff’s treatment and entry into the Republic of Korea continues intimidation against the Plaintiff, the Defendant did not recognize the Plaintiff as a refugee, despite the risk that the Plaintiff would also in the event that the Plaintiff returned to Pakistan, and thus, the instant disposition is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

According to Article 2 of the Immigration Control Act and Article 1 of the Convention on the Status of Refugees, “Refugee” means a person who has a well-founded fear of fear of persecution for reasons of race, religion, ethnicity, membership of a specific social group, or political opinion.

However, the grounds for recognition of refugee status asserted by the plaintiff are nothing more than true.

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