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(영문) 서울행정법원 2016.04.08 2015구단16613
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 21, 2012, the Plaintiff, a national of the Republic of Pakistan (hereinafter referred to as “Pkistan”), entered the Republic of Korea as a non-professional employment (E-9) sojourn status, and stayed after obtaining permission for extension of the period of sojourn, and filed an application for refugee status with the Defendant on April 16, 2014, which was before the expiration of the period of sojourn (E-9 May 21, 2014).

B. On December 2, 2014, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion Pakistan is in a state of national crisis due to the disturbance with the sloping team.

On January 9, 2012, the Plaintiff was at the political party office located in the Warsaw Village, along with two births around January 9, 2012. However, the Plaintiff was subject to attack and total attack on the ground that he did not discontinue the activities of the NP political party, despite the warning from the Lesa Ban.

Although the plaintiff and friendlys fled, the plaintiff was the supporter of the NP, and the birth was also a shower region, so the plaintiff could not escape from the attack subject to the priority attack of the lelebs.

The police did not stop the attempt to kill the plaintiff, and the police left alone, and the plaintiff was forced to return it to Korea, and the plaintiff's birth also returned to Saudi Arabia around September 10, 2013, after the transfer of the regime from the election in 2013.

Since the NP supports the military operations of the government forces against the lebbs, the lebsate agrees not to use persons belonging to the NP, and the plaintiff will be killed by the lebs at the time of returning to Korea.

Therefore, it is true.

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