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(영문) 서울행정법원 2014.11.21 2014구합7916

난민불인정결정취소

Text

1. On November 1, 2013, the Defendant’s disposition of non-recognition of refugee status against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

The Plaintiff entered the Republic of Korea on January 22, 2012, and applied for refugee status to the Defendant on February 17, 2012.

The defendant, on November 1, 2013, promulgated with sufficient grounds for persecution (the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; hereinafter the same shall apply)

) On the ground that Article 2 Subparag. 3 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 (hereinafter “instant disposition”), a disposition for non-recognition of refugee status (hereinafter “instant disposition”).

The Plaintiff filed an objection with the Minister of Justice on December 5, 2013, but was dismissed on April 11, 2014.

[Grounds for recognition] The Plaintiff’s assertion as to the legitimacy of the instant disposition and the overall purport of evidence Nos. 1, 2, and 3, and the Plaintiff’s assertion as to the legitimacy of the instant disposition, the Plaintiff supported UDPS total number and B, a presidential candidate, in an election implemented on November 28, 2011, as a party member of UDPS within the Democratic Republic of Congo (hereinafter “UDPS”).

On November 26, 2011, the Plaintiff was arrested once during a demonstration against the government that interferes with the foregoing candidate’s floating activity (hereinafter “first arrest”) and was threatened on December 9, 2011 that the Plaintiff was arrested (hereinafter “the second arrest”) and that the Plaintiff would not engage in any political activity. On December 20, 2011, the Plaintiff was sentenced to imprisonment of 17 years for the pertinent imprisonment without prison labor (hereinafter “the third arrest”).

The plaintiff also escaped in prison and entered the Republic of Korea to suffer from persecution.

As such, the Defendant did not recognize the Plaintiff as a refugee even though it is highly likely that the Plaintiff would be injured in the Democratic Republic of Congo for political opinion, and thus, the instant disposition is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

In fact, the Democratic Republic of the Democratic Republic of the Congo was the citizens of the Belgium in 1960.

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