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(영문) 서울행정법원 2016.06.23 2016구단5627
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. The Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea on June 17, 2009 as a non-professional employment qualification (E-9) and applied for refugee status to the Defendant on March 25, 2014.

B. On January 15, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion cannot be deemed as having “a well-founded fear of harming the status of refugee” under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On February 24, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. On March 17, 2013, the Plaintiff asserted that he/she was threatened with the death of a Islamic member in the future, from two persons who seem to be the Islamic curriculum during the period when he/she was returning home to the Islamic member B and the Islamic member of the Simpha, who entered the Islamic City of the Sim that he/she visited, and returned home to the Islamic member of the Simpha.

Although the Plaintiff did not have any particular threat in Pakistan, on November 9, 2013, the Plaintiff was aware that she died of her life from her members with a total of her lives.

If the plaintiff returns to a country of nationality, the disposition of this case, which was taken on a different premise, is unlawful even though it was threatened by the Islamic bridge, even though it was threatened with murder.

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

1. “Refugees” may be understood as persecutions on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

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