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(영문) 서울행정법원 2015.03.05 2014구합19643
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 September 2, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on September 2, 2013, and filed an application for refugee status with the Defendant on September 26, 2013.

B. On February 19, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On February 26, 2014, the Plaintiff filed an objection with the Minister of Justice on February 26, 2014, but the said objection was dismissed on September 30, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff is Mutta Whitea Qumi Move Management (hereinafter “M QM”) as a mother-child.

Awami (hereinafter referred to as “NP”) in which the party supports, and the party mainly belongs, is called “NP”.

(2) On July 2013, 2013, the Plaintiff received the total attack on the ground that the Plaintiff was 11 person who appears to be satisfying from the QM party and the enemy.

3) The Plaintiff’s punishment is concurrently imposed on August 2013, and the Plaintiff’s punishment was totaled from members of the NP, and the Plaintiff’s death was inflicted on the left part of the arms. As such, the Plaintiff’s punishment was unlawful on the grounds that the Plaintiff’s political opinion and the status as a member of a specific social group may be harmed when returning to the Republic of Korea with Pakistan.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) Determination is based on Article 2 of the former Refugee Act (amended by Act No. 12421, Mar. 18, 2014).

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