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(영문) 서울행정법원 2015.05.08 2014구합20377
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 September 6, 2005, the Plaintiff, an alien of the nationality of the Islamic Republic of Pakistan (hereinafter referred to as "Pakic Republic"), who first entered and stayed in the Republic of Korea in the capacity of industrial training (D-3) and filed an application for refugee status with the Defendant on August 31, 2012, which was eight months after the expiration date of the period of stay ( December 27, 201).

On January 22, 2014, the Defendant issued a non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there was no “probably-founded fear of persecution” (see Article 2 subparag. 3 of the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Convention on the Status of Refugees; Article 1 of the Protocol on the Status of Refugees).

The Plaintiff filed an objection with the Minister of Justice on February 11, 2014, but was dismissed on September 30, 2014.

【The Plaintiff’s father’s assertion as to whether the instant disposition is legitimate or not, based on the fact that there is no dispute, Gap’s evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the entire pleadings, and the purport of the instant disposition, was legitimate, and the Plaintiff’s father withdraws from the Plaintiff’s activities for a legitimate party, and supported the APPL (hereinafter “APL-N”) (hereinafter “APL”). The Plaintiff’s phone call to the Plaintiff by the Plaintiff on January 20, 2011 and “IPL knows that children have returned to the Republic of Korea, but does not go to the Plaintiff,” and the Plaintiff’s return to the Plaintiff on March 15, 2011.

As such, even though there is a risk that the Plaintiff would be stuffed on the grounds of political opinion when the Plaintiff returned to Pakistan, the Defendant did not recognize the Plaintiff as a refugee, and the instant disposition is unlawful.

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

The whole pleadings shall be made in each entry of 1 to 5 of the plate scam, and Eul's evidence.

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