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(영문) 서울행정법원 2017.09.15 2017구단65305
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 January 25, 2015, the Plaintiff, who was a nationality of Pakistan, entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on January 26, 2015.

B. On September 21, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “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 on the Status of Refugees.

C. The Plaintiff was notified of the instant disposition on October 5, 2016, and filed an objection with the Minister of Justice on October 25, 2016, but the said objection was dismissed on April 21, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2 and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion is acting as Bpolitical unit in the country of nationality, and accordingly, the Hashes demanded 2.5 million lushes to the Plaintiff, but the Plaintiff rejected it.

Since then, the lelebs' team employees engaged in the work at the time when they moved into the gas station operated by the father of the plaintiff, and then threaten the plaintiff while demanding the plaintiff to pay money to the plaintiff again.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1 The term “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 is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or who does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.

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