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(영문) 서울행정법원 2017.11.24 2017구단73238
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 February 16, 2015, the Plaintiff, who was a nationality of Pakistan, entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on March 16, 2015.

B. On April 1, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On April 25, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on July 18, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1's each entry and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. While the Plaintiff’s assertion is operating a clothing plant as a Simphus, the Plaintiff paid USD 100 per month from January 2014 to around 100 per month. However, since December 2014, the Plaintiff’s demand was refused to pay USD 5,00 per month from around December 2014 and is likely to be threatened from the Simphe.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a stateless foreigner who is a requirement for refugee recognition.

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