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(영문) 서울행정법원 2015.12.18 2015구단13119
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 June 25, 2008, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of the nationality of Pakistan, and applied for refugee status to the Defendant on February 28, 2014.

B. On December 26, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would suffer from persecution as a requirement of refugee under 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 January 7, 2015, 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 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On December 3, 2012, the Plaintiff asserted that he/she would die without being exposed to three millions of her mobile phone from his/her home country, and discovered a letter that he/she would not take money without being paid in his/her home after eight days thereafter.

In the event that the plaintiff returned to his own country is likely to be imprisoned by the brue terrorism and threats of violent groups presumed to be brue, etc., so the disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though it is recognized as a refugee.

(b) Entry in the attached Form of relevant Acts and subordinate 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, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, must be recognized as refugee, and refugee status.

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