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(영문) 서울행정법원 2015.09.23 2015구단10059
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 entered the Republic of Korea on October 8, 2013 with a short-term visit (C-3) status as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on November 6, 2013.

B. On September 19, 2014, 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 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 appealed to the Minister of Justice on October 22, 2014, but the foregoing objection was dismissed on July 1, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On September 29, 2013, the Plaintiff asserted that he/she was assaulted by four persons on his/her identity in the course of distributing a leaflet informing of the event of a safa, along with his/her wife (Safaea, Dog for treatment) as a safa.

Therefore, the instant disposition, which was taken on a different premise, was unlawful despite the possibility that the Plaintiff might be stuffed on the ground that the Plaintiff was a skististian in the event that the Plaintiff returned to Pakistan.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a foreigner who is unable or does not want to receive protection from his/her country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who, due to such fear, has resided in the Republic of Korea before entering the Republic of Korea (hereinafter referred to as "orthing country") or who is willing to return to the country in which he/she resided before

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