logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.10.27 2016구단17842
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. The Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea in the capacity of tourist transit (B-1) on November 19, 1996, and applied for refugee status to the Defendant on March 9, 2015.

B. On March 23, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On May 6, 2015, the Plaintiff filed an objection with the Minister of Justice on May 6, 2015, but was rendered a decision dismissing the Plaintiff’s application on May 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion is SIPH-E-SABABA, which is a Simpis project in a country of nationality, was a Simpis project organization in a university. The plaintiff left the Republic of Korea and entered the Republic of Korea. During the plaintiff's stay in the Republic of Korea, the plaintiff is arrested from the organizations of SIPH-E-SABA on June 2006, and various threats from SIPA-E-SABABA are continued, such as theft of sentence vehicles.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or by such fear.

arrow