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(영문) 서울행정법원 2016.08.26 2016구단10070
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 September 13, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on September 13, 2015, and applied for refugee recognition to the Defendant on October 29, 2015.

B. On November 26, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. As to this, the Plaintiff filed an objection with the Minister of Justice on December 10, 2015, but was dismissed on March 23, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was operating a furniture in the area of Pakistan (Kasur), but the Plaintiff demanded that the LeJ-Equipment (hereinafter referred to as “LeJ”) as an illegal terrorist group pay money to the Plaintiff and its neighboring main owners, and the Plaintiff paid money to the said organization.

LJ demanded the Plaintiff to pay a million rush around July 2014, and threatened the Plaintiff to die if the Plaintiff did not prepare money after assaulting the Plaintiff that there was no money.

The plaintiff was sent back to LeJ as Lahore, and left Korea.

When the plaintiff returns to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of being stuffed by LeJ is unlawful.

B. (1) In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the race, religion, nationality, membership of a particular social group or political opinion.

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