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(영문) 서울행정법원 2019.04.19 2018구단22831
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 August 5, 2015, the Plaintiff entered the Republic of Korea with the nationality of the Republic of Pakistan (Islaistan (hereinafter “Skistan”), and applied for refugee status to the Defendant on August 27, 2015, with the short-term visit (C-3) sojourn status.

B. On July 13, 2017, the Defendant rendered a decision to deny refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on August 14, 2017, but the Minister of Justice dismissed the objection on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, while running real estate brokerage business in Pakistan, the Plaintiff had a face-to-slock customer while running the real estate brokerage business in Pakistan, the Plaintiff had a face-to-slock, which led to threats, such as repeatedly demanding the Plaintiff to pay a certain amount of money to the Plaintiff.

Since the defect that threatened the plaintiff has a nation-wide network and is closely connected with the police, it is dangerous for the plaintiff to return to the country of nationality to the country of nationality and the protection of the country of nationality cannot be expected.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, refugee status may be persecutioned for reasons of race, religion, nationality, status as a member of a specific social group or political opinion.

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