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(영문) 서울행정법원 2018.04.03 2017구단77377

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 December 11, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on December 11, 2016, and applied for refugee status to the Defendant on December 19, 2016.

B. On January 31, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff 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 prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 14, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a minority of the ethnic minorities in ASEAN, and the plaintiff joined the IPB Pero Pero Perole Perole OfiafBra, one of the organizations for the independence of the region of Bafra in ASEANn, the population of which is most part of the population, and thereafter acted as the regional representatives of IPB B.

On May 30, 2016, the ASEAN government made a serious suppression on the independence movement of the non-fladon region, and violent suppression of the relevant assembly and demonstration, and the parents of the Plaintiff died in line with the fladon ball cartridges that occurred in the relevant demonstration participating with the Plaintiff.

On June 2, 2016, the Plaintiff received a summons from the police for the reason that he destroyed the public order, but did not comply with it. On June 10, 2016, the government security personnel franchising the direction of the operation of the Plaintiff in C, and at the time, the Plaintiff fleded.