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(영문) 서울행정법원 2017.11.03 2017구단20098
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the Plaintiff’s short-term visit for refugee status (C-3) on July 29, 2015, the date of entry into the Republic of Korea of the Republic of Pakistan (hereinafter “instant disposition”) of the date of application for refugee status recognition (C-3) on April 4, 2016, the date of application for refugee status recognition (hereinafter “instant disposition”) was determined on April 4, 2016: The fact that there is no dispute as to the rejection of the decision of the Supreme Court on April 21, 2016 as of the date of application for objection that there is no ground for rejection of the decision of the decision of the Supreme Court on April 21, 2017; the fact that there is no ground for rejection of the decision of the decision of the Supreme Court on April 21, 2016; the statement

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”).

In Pakistan, the Plaintiff, along with his father, employed a master-ranking employee while operating a trade company.

The Islamic organization called "EHEHDES" found and threatened with the Plaintiff's office and house, and the Plaintiff was also kills the Plaintiff's father after departing from the Plaintiff's office.

As such, the Plaintiff’s return to Pakistan is likely to threaten another Islamic organization, and thus, it should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any 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, membership of a particular social group, or political opinion, or who is a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” In full view of the following circumstances revealed by adding all the arguments in the evidence and evidence Nos. 3, 4, and 5 as well as the whole purport of arguments, the Plaintiff is a member of a particular social group.

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