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(영문) 서울행정법원 2016.12.09 2015구단16705
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 October 30, 2013, the Plaintiff filed an application for refugee status with the Defendant on October 30, 2013, when entering the Republic of Pakistan (C-3) and staying in the Republic of Korea on a short-term visit (C-3) on October 12, 2013, which was prior to the expiration of the period of stay ( November 11, 2013).

B. On September 11, 2014, the Defendant rendered a decision to deny 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 be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was in the position of PMF-F Party B as a member of the PMF-F Party of Pakistan. On May 6, 2013, the Plaintiff suffered three impacts from the armed robbery of approximately 20-30 persons who suffered conflicts with the PML-F Party while taking meals at the PML-F Party office of Canada at the PML-F Party office of Canada, and 2 of them suffered side effects.

At the time, four persons, including the plaintiff, died of serious injury, which was exposed to a large number of newspapers in Pakistan.

After that, around August 2013, the Plaintiff: (a) laid down a total of motobs from the moths who were getting on and off the motobs; (b) immediately throw away mobs; and (c) escaped from the mobs; and (d) was handed down in the mobs of the Plaintiff’s Republic of Korea.

Even after the plaintiff's entry into the Republic of Korea, the plaintiff's family members continued to be in total and homicide.

Therefore, the Plaintiff constitutes a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

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