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(영문) 서울행정법원 2018.11.27 2018구단72171

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 entered the Republic of Korea on a short-term visit (C-3) on December 24, 2016, and applied for refugee status to the Defendant on January 2, 2017.

B. On September 8, 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” 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 23, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on June 12, 2018.

[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 was admitted to B from Eararar, and was engaged in activities for the independence of Barra (Biafra). The Narria Government is under extreme suppression against Barra's independence movement, and relevant demonstrations are violently suppressing.

From September 10, 2016 to September 23, 2016, the Plaintiff continued a demonstration for non-AF independence. On September 23, 2016, the police and the body fighting, which have extinguishing the demonstration, have fleded, and thereafter the Plaintiff was designated.

In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, there are sufficient grounds for persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.