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(영문) 서울행정법원 2016.05.27 2016구단4747
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. On May 27, 2015, the Plaintiff, a foreigner of Pakistanan nationality, entered the Republic of Korea with a visa on a short-term visit (C-3) and stayed, and applied for refugee status to the Defendant on June 5, 2015.

B. On June 12, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the 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.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff did work at the store operated by the Plaintiff, and the Plaintiff died in 201, and thereafter, the Plaintiff sought reimbursement and demanded reimbursement from the parties to QM and made intimidation on several occasions.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be affected by gambling when the plaintiff returned to Pakistan is high.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear 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, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. The above grounds alleged by the Plaintiff are threats to the acceptance of private money and valuables by the members of QM. This is a private dispute or criminal act, which is only a matter that the Plaintiff should resolve by using the judicial system of its own country, and becomes a requirement for recognition of refugee status.

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