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(영문) 서울행정법원 2016.08.30 2016구단15044
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 on May 26, 2010 as a non-professional employment (E-9), and applied for refugee status to the Defendant on March 26, 2015.

B. On March 31, 2015, 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 the instant disposition was taken under the following).

C. On April 29, 2015, the Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 29, 2015, but a ruling dismissing the Plaintiff’s application was rendered on May 31, 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 asserted as follows: (a) on May 2014, the period during which the country of nationality was visited, the Plaintiff, along with South East East Koreans, was engaged in volunteer activities in the IMAM BARAH of the next village, which is the EMAM BARAH; and (b) on the other hand, LASIR-E-HNGVs of the next village were diversed from their navigation at the same time; and (c) made intimidation to the Plaintiff and South East East Koreans.

The plaintiff's remaining dynamics moved to two booms from persecution, and also the plaintiff is at the risk of being killed if they return to a country of nationality.

The disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution in a state of nationality for religious reasons.

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

1."Refugees" shall be free or protected due to well-founded fears recognizing that he/she may be detrimental to his/her nationality for reasons of race, religion, nationality, status as a member of a particular social group, or political opinion.

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