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(영문) 서울행정법원 2020.01.08 2019구단18372
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 May 19, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on the short-term stay on May 19, 2016, and applied for refugee recognition to the Defendant on April 3, 2017.

B. On April 26, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On May 21, 2018, the Plaintiff filed an objection with the Minister of Justice on May 21, 2018, but the objection was dismissed on July 30, 2019.

[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’

The plaintiff means that he does not sell narcotics to Masia in his village where she had resided, while there was a whistle to report the sales of narcotics so that he may be arrested by the police. Since 2015, the plaintiff was threatened by the above Masia, such as being abused from around 2015.

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

B. Determination 1 is due to a well-founded fear of recognizing that a person is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a specific social group, or political opinion.

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