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(영문) 수원지방법원 2017.10.17 2017구합61530

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’s entry and stay, etc. 1) The People’s Republic of China (hereinafter “China”).

2) On November 3, 200, the Plaintiff entered the Republic of Korea with a visa on a short-term stay status (C-2 on December 3, 2000), and was granted a preparatory period for voluntary departure from Korea until February 24, 2003 through a voluntary declaration of illegal aliens on May 14, 2002 while he/she had been staying illegally.

3) On September 19, 2003, when the Plaintiff was staying without departure from the Republic of Korea during the preparatory period of departure, the Plaintiff was staying in Korea on September 19, 2003 by being changed to the stay status (the expiry date of stay: March 30, 2005) (the expiration date of stay). (B) The Plaintiff applied for refugee status on November 26, 2004 for refugee status to the Minister of Justice on the ground of the gambling of the government of its country following the training in Pakistan, and was changed to the sojourn status (G-1-5) (the expiration date of stay: September 30, 2005) of refugee applicants (G-1-5) on May 3, 2005.

2) The Minister of Justice decided on May 6, 2005 that a person cannot be deemed to have “sufficient fear of persecution” and the Plaintiff raised an objection against the Minister of Justice on May 17, 2005, but the Minister of Justice dismissed the said application on March 31, 2006. 3) The Plaintiff was the Plaintiff (b).

(2) The Plaintiff filed a lawsuit seeking the revocation of the decision on non-recognition of refugee status (Seoul Administrative Court 2006Guhap15080), but was sentenced to the dismissal on January 16, 2008, and the Plaintiff filed an appeal and appeal against it. However, on November 11, 2008, the judgment dismissing the appeal (Seoul High Court 2008Nu5720) was rendered, and on February 26, 2009, the appeal was dismissed (hereinafter “related judgment”) (Supreme Court 2008Du22945).

(C) The Plaintiff’s second application for recognition of refugee status and the instant disposition, etc. (1) The Plaintiff was under the control of illegal stay and illegal job-seeking activities from October 1, 2005 to January 27, 2015. < Amended by Act No. 13100, Jan. 28, 2015>