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(영문) 서울행정법원 2018.06.07 2018구단53682
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 5, 2015 with the status of stay C-3 (short-term visit) (short-term visit) of the Republic of Pakistan (hereinafter “the Republic of Pakistan”) as a foreigner of the Republic of Pakistan (hereinafter “the Republic of Pakistan”).

B. On October 14, 2015, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on June 29, 2016, the Defendant rendered a disposition on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuges having sufficient grounds for fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On July 4, 2016, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 and 5 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the Pashun, which the Plaintiff had been living in, or located in, the village of Pakistan (Sindh) Kaachi (Karachi).

The conflict between the parties of the Party B and the Party C, the center of which is the Mohajjr, which has been moving from India after the independence of the Pakistan, is very serious.

In 2014 to 2015, the Plaintiff participated in the demonstration of the political party C which was held in the Damaa Village. At the time, party members of the Party B laid the demonstration team and laid down the tree monm or put a total attack.

On October 5, 2015, the Plaintiff entered the Republic of Korea to purchase secondhand construction machinery, and 3 days later.

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