(영문) 서울행정법원 2019.01.16 2018구단22923

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(영문) 서울행정법원 2019.01.16 2018구단22923

난민불인정결정취소

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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 4, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on September 4, 2016, and applied for refugee status to the Defendant on September 9, 2016.

B. On July 14, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On August 8, 2017, the Plaintiff filed an objection with the Minister of Justice, but the objection was dismissed on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is a party member of the political party of Pakistan, and the Plaintiff was arrested by police and special auxiliary units around July 15, 2016. Around July 19, 2016, the Plaintiff was released after accepting the demand to withdraw from B and join the Party C. However, the Plaintiff still did not join the Party C.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling in the event that the Plaintiff returned to the Republic of Pakistan.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

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