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(영문) 서울행정법원 2016.07.01 2016구단4235
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Pakistan - Entry and refugee application: May 17, 2015 (Status of Sojourn: C-3)

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on December 14, 2015 / [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s statement Nos. 1, 2 and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. From January 201, the Plaintiff’s assertion was active as PAT (Paristan Awami Trik) members, a religious organization. On June 17, 2014, the Plaintiff participated in the anti-government meeting organized by PAT and was under the pressure of PML-N members and the police. On January 15, 2015, there was a well-founded fear of being aware that the Plaintiff could be stuffed on the grounds of a specific social group’s membership, political opinion, and religion.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugee” means 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 stateless foreigner who is unable 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.” In full view of the following circumstances revealed by adding the whole purport of the arguments to the evidence as stated above 2) and the evidence set forth in the evidence set forth in subparagraph 4, and the evidence set forth in subparagraph 4 above, which can be seen by adding the whole purport of the pleading to the statement set forth in subparagraph 4, the Plaintiff shall be subject to persecution on the grounds of

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