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(영문) 서울행정법원 2018.05.02 2018구단4086

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 October 29, 2015, as a foreigner of the nationality of the Republic of Korea (hereinafter referred to as “Mada”), the Defendant filed an application for recognition of refugee status with the Defendant.

B. On March 24, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff was a person with a sufficiently-founded fear that the Plaintiff would be injured by gambling.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on April 4, 2017, but the Minister of Justice dismissed the objection on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is well-known.

Government was deprived of the reason that it was a person who was supported by the government.

In other words, the plaintiff was admitted as a member of the "B" party ("B") in 2002, and paid the amount of USD 400 per month as a support fund.

In around 2015, the government conducted a tax investigation on a private business operated by the plaintiff for that reason, resulting in the closure of the business.

In addition, the plaintiff is well-known on July 14, 2015.

In preparation for a demonstration against the two Ministers of Interior's misconduct (hereinafter referred to as "the demonstration against an illegal act"), he was investigated by an investigative agency, and on September 10, 2015, a family government, who worked at the Plaintiff's home, was killed between the Plaintiff's house and the Plaintiff's house. This also is true.

It is clear that it is the government's action.

The plaintiff is U.S.

188 10 10 10 12

Since it is clear that the government would prejudice the plaintiff for the same reason, the plaintiff should be recognized as a refugee.

B. A foreigner who files an application for recognition of refugee status 1 must prove that there is a “comfortly-founded fear” that is detrimental to gambling.

In this case, considering the special circumstances of the foreigner, the foreigner must prove the whole facts of the assertion based on objective evidence.