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(영문) 서울행정법원 2017.06.29 2017구단60454
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 December 16, 2009, the Plaintiff entered the Republic of Korea as a non-professional employment status (E-9) foreigner of Austrian nationality and stayed, and applied for refugee status to the Defendant on September 17, 2015.

B. On November 11, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff 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 on the Status of Refugees. On November 16, 2015, the Plaintiff received a notice of decision to recognize refugee status on November 16, 2015.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 16, 2015, but the objection was dismissed on February 24, 2017, and the Plaintiff received a notice of dismissal decision on March 6, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including provisional number), Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a threat of murdering after borrowing money from Pakistan to the Plaintiff’s Dong Jae-gu with the full payment of money. The Plaintiff is punished for the death of the Plaintiff.

As the Pakistan government can not provide effective protection to the plaintiff, the plaintiff is suffering from actual gambling.

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

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act; refugee status means a foreigner who is unable or does not want to be protected by a country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who, due to such fear, is unable or returned to a country in which he/she had resided before entering the Republic of Korea.

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