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(영문) 서울행정법원 2018.09.19 2018구단7368
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 May 4, 201 as a foreigner of the nationality of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and filed an application for refugee status with the Defendant on May 10, 2016, after entering the Republic of Korea as a short-term visit (C-3).

B. On June 17, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that it cannot be recognized “a well-founded fear that it would be detrimental to persecution” as stipulated in 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 4, 2016, but was dismissed on December 7, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff was subject to intimidation on several occasions for religious reasons until around May 2010, on the way in which the Plaintiff was sleeped and returned from a Simpha in 2008, and was subject to intimidation from B (hereinafter “B”) (hereinafter “B”); and (b) the Plaintiff was subject to intimidation on the way in which he was sleeped from a Simpha and returned home from a Simpha (hereinafter “Simpha”).

If the plaintiff returned to Pakistan, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of persecution for the above reasons.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who are unable to obtain protection of the country of nationality or do not want the protection of the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or by such fear.

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