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(영문) 서울행정법원 2015.11.13 2015구단9967
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 October 8, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa (C-3) as a foreigner of the nationality of Pakistan, and applied for refugee recognition to the Defendant on November 6, 2013.

B. On September 29, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 22, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was born within the Tol character house, but since 2008, the plaintiff was married to the her husband with the her husband, and was married to the her husband in 2009.

On September 29, 2013, the Plaintiff was threatened by four persons, who were distributing a leaflet for the purpose of assembly (cure) or who was in the distribution of a leaflet for the purpose of assembly with the husband’s and her husband’s deceased relationship before the church, and the Plaintiff was assaulted by the Plaintiff’s husband.

If the plaintiff returned to Pakistan, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of being harmed by reason of religion.

(b) Attached Form of relevant statutes;

C. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the protection of the country of nationality cannot be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or the protection of the country of nationality.

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