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(영문) 서울행정법원 2017.06.29 2017구단13434
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 February 6, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on February 6, 2015 and stayed, and applied for refugee recognition to the Defendant on February 10, 2015.

B. On December 1, 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 December 1, 2015, the Plaintiff received a notice of decision to recognize refugee status on December 10, 2015.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 29, 2015, but the objection was dismissed on February 24, 2017, and the Plaintiff received a notice of dismissal decision on March 21, 2017.

[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 was made by the Plaintiff as a recipient of PTI (Pakist Threk-e-Ssaf) in Pakistan, and was involved in two times in the demonstration around 2014, but was threatened by assault and total threat from the support parties to PML- Q (Paist Must Mus-E-Azam).

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 subparagraph 1 of the Refugee Act, and refugee status means a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want to be protected from the country of nationality, or who, due to such fear, cannot return to, or does not want to return to, a country in which he had resided before entering the Republic of Korea.

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