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(영문) 서울행정법원 2021.01.13 2020구단17238

난민불인정결정취소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Circumstances concerning the decision of non-resident status;

A. The first refugee recognition application: (a) The Plaintiff entered the Republic of Korea on February 1, 2016 on a short-term visit (C-3) sojourn status of the Republic of Mealian Federal Republic (Federal Republic of Korea) (Federia) B; and (b) on February 11, 2016, the Defendant refused to succeed to the status after the death of his father who was a leader of the native Village C and thereby is threatened by C Members.

“A request for recognition of refugee status was made for reasons.”

② On February 17, 2016, the Defendant rendered a decision to deny refugee status against the Plaintiff. Accordingly, the Plaintiff filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.

③ Although the Plaintiff filed a lawsuit seeking revocation of the foregoing decision of non-resident status, on May 18, 2017, the judgment dismissing the claim was rendered (Seoul Administrative Court Decision 2017Gudan52033), the Plaintiff’s appeal (Seoul High Court Decision 2017Nu57235), and the final appeal (Supreme Court Decision 201722 66022) were dismissed, and the said judgment became final and conclusive on January 11, 2018.

B. On January 31, 2018, when the application for recognition of refugee status was completed, ① A person who was ordered to order departure from the Plaintiff on January 31, 2018, after the said judgment became final and conclusive, and the Plaintiff, February 22, 2018, may receive from the Defendant “D activities and receive stay from the Government.”

“The second refugee status application was filed for reasons.”

② On August 22, 2019, the Defendant served as a member D from the end of 2014 to the Plaintiff.

However, from the time of the first application for refugee status to the time of the administrative litigation, the first application for refugee status was not clearly explained once more than two years, which is the period of administrative litigation.

D Activity as a district leader.

Even though a member was not aware of the organization's information easily acquired, he/she was unable to make a detailed statement.

The plaintiff does not have been stuffed in his own country as a result of D activities, and the D activities after entry into the Republic of Korea do not seem to be activities that can receive government attention.

“A decision to deny refugee status (hereinafter referred to as “instant disposition”) was made on the grounds of, etc.