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(영문) 서울행정법원 2016.01.29 2015구단17272
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 entered the Republic of Korea on February 28, 2015 as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and applied for refugee status to the Defendant on May 1, 2015, after entering the Republic of Korea for a short-term visit (C-3) status.

B. On May 15, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that 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. The Plaintiff filed an objection with the Minister of Justice on June 5, 2015, but the said objection was dismissed on September 24, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Around 1980, the Plaintiff’s assertion made an action as a general member of the Asia-U.S. National Cemetery (NP) (hereinafter “NP”), and the Plaintiff also joined as a general member of the said political party as well as the Plaintiff around 2008. On July 15, 2014, five members of the lab group were found at the Plaintiff’s shop and the Plaintiff’s labed off with the Plaintiff’s lab.

On January 5, 2015, 6 members of the lelebbs were assaulted by the plaintiff and the plaintiff's birth, who were divided into six members of the lebs and detained the plaintiff.

After being detained, the plaintiff paid 50,000 square meters of body value to the lelelebanes with the help of the plaintiff's detention.

Therefore, in the event that the Plaintiff’s return to Pakistan is a general member of the NP, the instant disposition taken on a different premise is unlawful, even though it is likely to be stuffed from the Leban on the ground that he/she performed a legitimate activity.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는...

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