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(영문) 서울행정법원 2017.01.26 2016구단30128
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, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea as a non-professional employment (E-9) on March 22, 2011, and applied for refugee status to the Defendant on December 4, 2015.

B. On January 5, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On February 2, 2016, the Plaintiff filed an objection with the Minister of Justice on February 2, 2016, but was rendered a final decision to dismiss the Plaintiff’s application on September 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion was made in a country of nationality by changing his political party's activities and Pakist Powaz (under the following, PML-N shall be carried out) from 2006 to PPP. Since 2006, the plaintiff changed his political party into Pakistan T-N-e-insaf, and then threatened the plaintiff with the plaintiff and friendly relationship, and the PL-N and PP threatened the plaintiff with the plaintiff. As such, the plaintiff was in a situation where the plaintiff was harming a political reason in a country of nationality, but the disposition of this case was made on a different premise is unlawful. (b) Relevant Acts and subordinate statutes [the meaning of the terms used in this Act] Article 2 of the Refugee Act (the meaning as follows:

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her 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 particular social group or political opinion, or by such fear, entry into Korea.

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