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(영문) 서울행정법원 2019.05.03 2019구단52723
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. The Plaintiff is a foreigner of Pakistanan nationality.

On June 26, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status, and applied for refugee status to the Defendant on July 13, 2016 after the expiration of the period of stay.

B. On September 11, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status under 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”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on September 27, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on November 29, 2018.

On December 14, 2018, the Plaintiff received a notice of dismissal decision of an objection.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is Islamic U.S. (hereinafter “U.S.”)

The Plaintiff joined the “B” organization due to a so-called “B” religious belief, and was engaged in activities to expand the number of teaching waves and to spread teaching waves.

Accordingly, people of Islamic Russa (hereinafter “Muspa”) started from December 2015 to threaten the Plaintiff’s home to find and not engage in B activities.

On April 19, 2016, the Plaintiff was conducting a religious event by a member of the Nicepha, but at this time, the Plaintiff caused a large number of casualties.

Even after that, 7 amsama had been found in the plaintiff's house on April 25, 2016 that 7 amsama will die, but at the time, the plaintiff could be relieved of amsama because amsama is no longer in the house.

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