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(영문) 서울행정법원 2018.10.11 2018구단15512

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.

A foreigner of the nationality of the Republic of Korea (hereinafter referred to as the "Korea"), who entered the Republic of Korea on October 9, 2014, with the status of stay C-3 (short-term Visit).

B. On March 13, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on May 15, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On May 17, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of whole pleadings

2. The assertion and judgment

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

At around 2012, as a party member of the party B, he transferred the cusa Program from C, a senior executive officer of the above party, to the next party.

Cuba was expected to take place around December 2014, but information C was arrested out of Korea, and arrest warrant against the plaintiff was issued.

The plaintiff is the Republic of Korea of U.S.

In the event of return to Korea, it is suspected that it was connected to the mother of Kuluri.

Government is likely to pose a threat to life or physical freedom.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a certain social group of refugees is gambling on the ground of race, religion, nationality, status or political opinion.