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(영문) 서울행정법원 2019.06.11 2019구단3714
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the process of the disposition, the Plaintiff’s short-term visit for refugee status (C-3, 30 days) on March 3, 2016 of the date of entry into the Islamic Republic of Islamic Republic of Islamic (hereinafter “instant disposition”) (hereinafter “instant disposition”) on the date of the application for refugee status recognition on March 3, 2016: (a) there is no dispute that there is no ground for rejection of the decision made on February 14, 2018 of the date of application for objection that there is no ground for rejection of the decision made on January 3, 2018; (b) evidence A, evidence B, and evidence B and 2; and (c) the purport of the entire pleadings as a whole.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he joined the Plaintiff’s organization B (B, B, and B “B”) and worked as the Secretary General of the Regional Office, and performed activities for the Kasiar independence.

It is the state in which the Pakistan government has issued arrest warrant to suppress the plaintiff's activities.

The instant disposition that did not recognize the Plaintiff as a refugee even though there is a possibility that the Plaintiff might be stuffed, such as being arrested when the Plaintiff returned to Pakistan, is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

Shebrushes, Nos. 3, 5 through 8 (including paper numbers).

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