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(영문) 서울행정법원 2017.10.20 2017구단20920
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 December 9, 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 recognition to the Defendant on December 15, 2015.

B. On March 15, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 Relating to the Status of Refugees.

C. On March 28, 2016, the Plaintiff was notified of the instant disposition and filed an objection with the Minister of Justice on April 20, 2016, but the said objection was dismissed on April 21, 2017.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff operated the award with the reference of the country of nationality.

The plaintiff's reference was requested to pay money several times from the members of the QM political party, and when he was requested to pay money on or around 2010, 500,000,000 won, but he did not comply with the request when he was requested to pay money on or around 2011.

On April 17, 2011, the members of the QM political party murdered the plaintiff's headquarters as a whole, and thereafter forced the plaintiff to pay money.

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 particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea due to such fear.

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