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(영문) 서울행정법원 2014.07.04 2014구합1277
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff entered the Republic of Korea with a short-term visa (C-2) on April 3, 2010, and filed an application for refugee status with the Defendant on October 21, 2010.

On December 28, 2012, the Defendant issued a non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there was no “probably-founded fear of persecution” (see Article 2 subparag. 3 of the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Convention on the Status of Refugees; Article 1 of the Protocol on the Status of Refugees).

The Plaintiff filed an objection against the Defendant on January 10, 2013, but the said objection was dismissed on October 22, 2013.

[Based on recognition, Gap evidence Nos. 1, 2 and Eul evidence Nos. 1, and the purport of the entire argument as to whether the disposition of this case is legitimate or not, the plaintiff joined a political party in the name of "Awami Nativey" (hereinafter referred to as "NP") residing in Pakistan, and was in charge of convening meetings, communicating, etc. of all party members.

A political party in the name of "Mauta Qumi Move Management (hereinafter referred to as "M QM") in conflict with UNP. On December 12, 2009, the Plaintiff was subjected to non-discriminatory assault from members belonging to M QM.

In Kai City, M QM members caused a wide range of violence against NP members in around 2010, and the situation where the applicants died, and as M QM members are still exposed to the violence of M QM members, the plaintiff, who is the member of NP, is repatriated to Pacific, will be deprived of political opinion on the grounds of political opinion.

Nevertheless, the defendant did not recognize the plaintiff as a refugee, so the disposition of this case is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

According to the statement of No. 4, the following facts or circumstances are as follows.

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