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(영문) 서울행정법원 2016.05.27 2015구단21912
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Pakistan - Entry and refugee application: August 9, 2005 (Status of Sojourn: D-3)

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds: (a) cannot be recognized with a sufficiently-founded fear that the Defendant would suffer from persecution.

(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: The fact that no dispute is raised on September 24, 2015 (based on recognition), the entry of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion from around 2003, as a member joined the Pakistan-PL- Q Party, and on December 30, 2010, when visiting Pakistan, the Plaintiff was made clear that he/she would be arrested from the members of the PML-N, and was made a intimidation call demanding the Plaintiff’s punishment on August 10, 2014. Since there is a fear that the Plaintiff may be harmed by returning to Pakistan, there is a well-founded fear that he/she may be affected by gambling on the grounds of his/her membership status or political opinion.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugees” refers to foreigners who are unable to be protected or do not want to be protected by the country of their nationality due to well-founded fear to recognize that they may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or foreigners who are not able to return to, or do not want to return to, the country of their residence before entering the Republic of Korea due to such fear.” In full view of the following circumstances, when comprehensively considering the purport of the entire arguments as seen earlier, the Plaintiff is “a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.”

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