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(영문) 서울행정법원 2015.01.08 2014구합10738

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 is well-known.

On August 24, 2011, the Republic of Korea entered the Republic of Korea with the short-term general status (C-3) sojourn status on August 31, 201, and filed an application for refugee status with the Defendant on August 31, 201.

B. The Defendant, on June 21, 2013, promulgated with sufficient grounds for gambling [the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; the same applies hereinafter] to the Plaintiff.

) On the ground that Article 2 of the Convention on the Status of Refugees, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees cannot be deemed to exist, a disposition not to recognize refugee status (hereinafter “instant disposition”) was made.

C. On August 12, 2013, the Plaintiff filed an objection with the Minister of Justice on August 12, 2013, but the said objection was dismissed on April 11, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he participated in the presidential election monitoring on February 18, 201, as a member of the FDC (for a democratic change), as a party member. Unlike the actual ballot counting result, the Plaintiff discovered election misconduct, such as the result of election in favor of the NRM, and reported it through FDC, and was arrested to the police.

In addition, on April 201, the police was arrested on the ground that he participated in the ‘Walk' demonstration, which was occurred in around April 201, and he was raped by two police officers during detention.

Therefore, the plaintiff is likely to do so.

If you return to Korea, on the grounds of the above political opinion.

Since it is likely that the government and the police might be stuffed, the instant disposition taken on a different premise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c) fact 1) well-known national situation A.

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