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(영문) 서울행정법원 2016.10.06 2016구단16986
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, a national of the Republic of Pakistan, entered the Republic of Korea as a short-term visit (C-3) on May 12, 2012, and applied for refugee status to the Defendant on October 6, 2015.

B. On October 14, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On November 2, 2015, the Plaintiff filed an objection with the Minister of Justice on November 2, 2015, but was rendered a decision dismissing the Plaintiff’s application on May 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff resided in a state of nationality, “F Rate Gh”, and that the male, “B,” residing in the same village, sought marriage with the Plaintiff’s dead-win couple, and refused this request at the Plaintiff’s home. However, B assaulted the Plaintiff and the Plaintiff’s male birth on February 25, 2012, and threatened the Plaintiff with murdering without permission.

As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution because it was a member of a specific social group in the country of nationality.

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

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her 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 by such fear, entry into Korea.

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