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(영문) 서울행정법원 2017.06.15 2017구단8074
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 7, 2015, the Plaintiff entered the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”) as a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), and applied for refugee status to the Defendant on September 16, 2015 after entering the Republic of Korea as a short-term visit (C-3) sojourn status.

On October 26, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

The Plaintiff filed an objection with the Minister of Justice on November 4, 2015, but was dismissed on February 24, 2017.

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

2. Whether the disposition is lawful;

A. The key point of the Plaintiff’s assertion was the supporter of the PTS, and was threatened by the State Party B, the SPL-N party.

A false report on the plaintiff is pending in court proceedings, and the plaintiff was accused of the government's criticism, and the plaintiff knew and assaulted the plaintiff.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who, owing to such fear, do not want to be protected of the country of nationality, or who, owing to such fear, were unable to return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who did not want to return to the country of nationality, shall be recognized as a refugee, and

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