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(영문) 서울행정법원 2016.07.22 2016구단4730
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 April 3, 2014, the Plaintiff entered the Republic of Pakistan (C-3) and stayed in the Republic of Korea on a short-term visit (C-3) sojourn status as of April 3, 2014, and filed an application for refugee status with the Defendant on May 29, 2014, which was before the expiration of the period of sojourn ( June 1, 2014).

B. On May 19, 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 is recognized as a Islamic Simpha as an organization with a major axis of Islamic Simpha, and recently participating in Islamic Simpha and Simpha, thereby repeating an act of non-discriminatory terrorism against Gummpha residents.

The Plaintiff returned to the Republic of Pakistan from around March 2008 to March 2014 due to the closure of his/her workplace while staying in the Republic of Korea. The Plaintiff was paid attention to the lebane on the grounds that Islamic Russ and earned money in a foreign country.

On March 24, 2014, Lesin Hashed Hashed the Plaintiff’s house and her gun on the side of the Plaintiff’s house, and then she left the Plaintiff’s house gate three times to decide whether to die without giving 500,000 lusium, and threatened the Plaintiff’s birth to pay the remaining money.

Therefore, the Plaintiff constitutes a refugee who is likely to be injured by religion when returning to Korea.

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:

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