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(영문) 서울행정법원 2019.04.04 2018구단24219
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 May 20, 2017, as a foreigner with the nationality of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), with his/her short-term visit (C-3) status.

B. On June 7, 2017, the Plaintiff applied for refugee status recognition to the Defendant. However, on June 22, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in 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 filed an objection with the Minister of Justice on July 20, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 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 was threatened by slovasian villages and villagers on the ground that he/she was friendly with the slovasians, and that he/she was assaulted by the Plaintiff’s father on February 1, 2017.

After entering the Republic of Korea on June 2017, the Plaintiff entered the Republic of Korea, and changed to a model of early 2017.

In the event that the Plaintiff returned to Pakistan, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of persecution in the above circumstances is unlawful.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country 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 a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act).

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