logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.05.08 2018구단23933
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 March 26, 2016, the Plaintiff entered the Republic of Pakistan as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on April 14, 2016, by entering the Republic of Korea as a short-term visit (C-3) sojourn status.

B. On October 23, 2017, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on November 24, 2017, but the Minister of Justice dismissed the objection on September 3, 2018.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap's evidence of subparagraphs 1 through 4, and Eul's evidence of subparagraphs 1 through 4, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is the Islamic Schisa.

The plaintiff, who is a nationality country, was found in Islamic Russtan to find it to the Islamic Russian members, and made a statement that the scam would reduce the scam. However, during that process, the plaintiff was abused to the scams, and subsequently, was threatened by the above scams, such as assault and intimidation at the plaintiff's home, and continuously being threatened by the above scams.

Therefore, even if the Plaintiff’s return to Pakistan is likely to pose a threat to his/her life or physical freedom, the Defendant’s disposition that rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” is a well-founded fear to recognize that there is a sufficient ground to believe that the term “refugees” may be detrimental to race, religion, nationality, membership of a particular social group, or political opinion

arrow