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(영문) 서울행정법원 2019.11.08 2019구단13742
난민불인정처분취소
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 30, 2016, the Plaintiff applied for refugee status to the Defendant on January 10, 2017, which was after the expiration date of the period of stay ( July 30, 2016), when entering and staying in the Republic of Korea for a short-term visit (C-3) sojourn on June 30, 2016.

B. On January 29, 2018, the Defendant rendered a decision to deny refugee status (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 February 26, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on May 27, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff caused a significant loss to the company due to his fault in Pakistan, and thereby was threatened with the Plaintiff’s murder by its partner.

Therefore, even though there is a well-founded fear that the Plaintiff would suffer from persecution when returning to Pakistan, the disposition of this case by the Defendant who did not recognize the Plaintiff as a refugee should be revoked because it is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall either enter the Republic of Korea by a foreigner who is unable or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or by such fear.

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