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(영문) 서울행정법원 2015.06.05 2015구단52176
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 July 8, 2012, the Plaintiff entered the Republic of Korea on a short-term visit (C-3 and 90 days of stay) status on July 8, 2012, and filed an application for refugee status with the Defendant on December 3, 2012.

B. On February 14, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer 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. On March 17, 2014, the Plaintiff filed an objection with the Minister of Justice on March 17, 2014, but the said objection was dismissed on December 17, 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 asserted that the Plaintiff resided in the Kagora City of Pakistan, and entered the Republic of Korea.

From 1990, the Plaintiff, at the time of being in Pakistan, was working as a party supporting the name of ‘Awami' (hereinafter referred to as ‘NP').

In addition, the political parties belonging to QuM (hereinafter “M QM”) threaten the Plaintiff to not engage in funeral services in the area of M QM activities, which are hostile political parties to the MF, and around January 2012, the collapse on the identity of the Plaintiff led the Plaintiff to total attack.

If the plaintiff returned to Pakistan, the defendant did not recognize the plaintiff as a refugee even though the risk of persecution is high due to political opinion, and the disposition of this case is unlawful.

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 the Convention on the Status of Refugees (hereinafter referred to as the "Refugee Convention");

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