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(영문) 서울행정법원 2016.01.08 2015구단14082
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 September 13, 2015, the Plaintiff entered the Republic of Pakistan as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and completely departs from the Republic of Korea on September 11, 2008, with the status of industrial training (D-3) on September 13, 2015. After entering the Republic of Korea on October 10, 2008, the Plaintiff re-enters the Republic of Korea as a non-professional employment (E-9) status, and stayed on November 4, 2011, and applied for refugee status to the Defendant on September 13, 2013 while he/she was staying for illegal stay on September 24, 2015.

B. On July 8, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be prejudicial to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was a supporting person of the Islamic Union and Business Group (Pakist Musist Lagle - Nawaz, hereinafter “PML-N”).

On April 6, 2013, when the Plaintiff was staying in the Republic of Korea for employment from September 13, 2005, and visited Pakistan for marriage on April 6, 2013. On May 25, 2013, the party members of a political party in competition with the PML-N "Pakistan Muslim Lae group (hereinafter "PML- Quam") found the Plaintiff and the land owned by the Plaintiff were threatened by the parties to "Pakistan Musistan Mza ("PL- Qum") to find the Plaintiff and to take the Plaintiff’s total land back to the public.

On the next day, the police did not take any measure against the lessee of the above land before hearing that the PML- Q party members would kill the Plaintiff if the Plaintiff appeared, and reported to the police.

Therefore, when the plaintiff returns to Pakistan, the land owned by the plaintiff.

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