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(영문) 서울행정법원 2016.06.08 2016구단3430
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 March 1, 2011, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of the nationality of Pakistan, and applied for refugee recognition to the Defendant on August 17, 2015.

B. On August 31, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would be detrimental to the status of refugee under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On September 11, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on December 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the Plaintiff’s assertion, an illegal organization, “Lyariang” in its home country, threatenings the Plaintiff to transfer ownership of the Plaintiff’s father’s land owned by the Plaintiff’s father, thus kidnapping the Plaintiff’s punishment and threatening the Plaintiff’s father.

When the Plaintiff visited Pakistan in 2013, it was threatened by the said organization to transfer the ownership of the land.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution from the above organization is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee and the requirements for recognition of refugee are met.

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