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(영문) 서울행정법원 2017.10.12 2017구단22209
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 4, 2016, the Plaintiff entered the Islamic Republic of Pakistan (hereinafter “Pakic Republic”) as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on February 17, 2016.

On September 21, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

The Plaintiff received a notice of decision on non-recognition of refugee status on September 29, 2016 and filed an objection with the Minister of Justice on October 26, 2016, but was dismissed on April 21, 2017.

On May 10, 2017, the Plaintiff received a notice of decision to dismiss an objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, and 4 through 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff participated in the demonstration led by the political party as a person supporting Pakistan-E-Israi of Pakistan. On either day, he was aware that he was a party’s activities and was aware that he was an undergroundd training.

Political parties have sought the plaintiff and led the plaintiff, and threatened the plaintiff, and threatened him/her not to leave if he/she escaped.

(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are unable to be protected of the country of nationality or do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.

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