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(영문) 서울행정법원 2019.08.22 2019구단6263
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 December 22, 2008, the Plaintiff entered the Republic of Korea as a non-professional employment (E-9) foreigner of Pakistan, and applied for refugee status to the Defendant on October 19, 2016.

B. On August 27, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on October 1, 2018, but the Minister of Justice dismissed the objection on April 10, 2019.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made several times by the organization “B” from August 2015, 2015, through his father.

If the plaintiff returned to Pakistan, the plaintiff can be recognized as a refugee, and therefore the plaintiff should be recognized as a refugee.

B. Determination 1) “Refugee” refers to 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 specific social group, or political opinion, or a foreigner who is not able to return to, or does not want to return to, the country in which he/she had resided before entering the Republic of Korea due to such fear (see Article 2 subparag. 1 of the Refugee Act). Meanwhile, “persecution” which is a requirement for recognition of a refugee refers to “an act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom,” and such fear is subject to such persecution.

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