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(영문) 서울행정법원 2017.04.13 2017구단2441
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 August 27, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on August 27, 2015 and stayed, and applied for refugee recognition to the Defendant on October 6, 2015.

B. On November 17, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject 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.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 22, 2015, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 1, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff carried out an election campaign for the PTPP Party on May 2013 at the Support of PTPP (Pakistan Tek-e-Ssaf)’s total line of Pakistan, which was held around May 2013, and was kidnapped to the members of PML-N (Pakist Musist Musist Musist Value-Nawz) who are opposing parties and party members of the PMF-N (Pakist Musist Mussist Value-Nawz).

Therefore, the defendant's disposition of this case, which was made on a different premise, is unlawful even though the plaintiff constitutes a refugee suffering from persecution on the ground of political opinion.

B. (1) Determination (1) Article 2 subparagraph 1 of the Refugee Act, and Article 2 subparagraph 1 of the Refugee Act mean a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, is unable or does not want to be protected from the country of nationality, or who, due to such fear, cannot return to or does not want to return to the country in which he had resided before entering the Republic of Korea.

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