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(영문) 서울행정법원 2016.02.26 2015구단18169

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 22, 2011, the Plaintiff filed an application for refugee status with the Defendant on February 17, 2014, following the expiration of the period of stay ( August 20, 2011), when entering the Republic of Korea for a short-term visit (C-3) sojourn (C-3) and staying therein.

B. On May 18, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by 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] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On February 27, 2008, the plaintiff's assertion participated in a demonstration requiring the amendment of the Constitution for impeachment by President in the vicinity of the Fiango market, which was arrested and detained by the police on April 13, 2008.

On June 28, 2008, the plaintiff got a bribe to the guard and escaped from the prison house, and then got a hiding while working at the bar and getting out of the Republic of Korea.

At the time, Fiango public officials made intimidation to the Plaintiff’s punishment to find out the Plaintiff’s whereabouts.

Therefore, the plaintiff is a refugee who is in danger of persecution because he/she expressed a political opinion contrary to the government in the course of returning home.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

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

1."Refugees" shall not be protected by the nationality State due to well-founded fears recognizing that he/she may be stuffed for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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