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(영문) 서울행정법원 2015.11.20 2015구단2799
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. The Plaintiff entered the Republic of Korea on October 26, 2012 as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on January 22, 2013, after entering the Republic of Korea on short-term visit (C-3).

B. On February 28, 2014, the Defendant rendered a disposition of non-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 prejudicial to 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. The Plaintiff filed an objection with the Minister of Justice on April 2, 2014, but the said objection was dismissed on December 16, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion is the Islamic sahore from Pakistan (Lahore).

The plaintiff's external village B was killed by a woman-friendly group C, a woman-friendly group, who opposed to the teaching system while teaching with a Islamic spath of the Asia, and died.

On June 2, 2012, the Plaintiff had a total attacked to C on one occasion on June 2, 2012, but did not broom. Rather, due to the total attack of C against this, the Plaintiff suffered an injury that al on the left side of the bridge.

Therefore, the instant disposition, which was taken on a different premise, was unlawful even though the Plaintiff could be stuffed by the Simpha C on the ground that it was a hydrostan in the event that the Plaintiff returned to Pakistan.

나. 관계 법령 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

3. The term "refugee" means pursuant to Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the "Refugee Convention") or Article 1 of the Protocol relating to the Status of Refugees;

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