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(영문) 서울행정법원 2016.08.12 2016구단8633
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 September 17, 2015, the Plaintiff filed an application for refugee status with the Defendant on October 14, 2015, prior to the expiration of the period of stay ( October 17, 2015), when entering the Republic of Pakistan (C-3) and staying in the Republic of Korea on a short-term visit (C-3) sojourn status on September 17, 2015.

B. On November 5, 2015, 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 an area that is in a state of national crisis due to the disturbance with the lelebane.

The Plaintiff, while working as a PAT member, was in conflict with the opposite party members, who are political parties to the political dispute. On April 14, 2015, on the ground that the Plaintiff did not engage in an election campaign for PA for the purpose of PA, the Plaintiff was subject to an attack, such as speaking from the above opposite party members to the pipe.

The plaintiff was faced to the Republic of Korea due to the bomb terrorism of the bomb, etc., and by intimidation to murder of the opposite bomb.

Therefore, the plaintiff is a refugee who was stuffed on the ground of political opinion and status as a member of a specific social group.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1."Refugees" shall not be protected by the nationality State due to well-founded fears recognizing that he/she may be stuffed for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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