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(영문) 서울행정법원 2016.12.16 2016구단26853
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Pakistan - Entry and refugee application: July 5, 2015 (Status of Sojourn: C-3)

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds: A sufficiently-founded fear of persecution cannot be recognized.

(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: Facts that no dispute has been raised on September 9, 2016 [based on recognition], evidence Nos. 1, 2, and evidence Nos. 1, 2 and 3, and purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a member of the Pakistan Party, and there is a well-founded fear that there is a sufficient ground to recognize that the Plaintiff may be stuffed on the grounds of his/her membership in a specific social group or political opinion, as he/she was assaulted by PML-N members around June 21, 2015.

B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the following circumstances revealed by the evidence as seen earlier, when comprehensively considering the following circumstances, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge this otherwise, the disposition of this case, which rejected the Plaintiff’s application for recognition of refugee status, is legitimate.

① The Plaintiff’s assertion is recognized.

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