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(영문) 서울행정법원 2020.11.12 2020구단14413

난민불인정결정취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On October 2, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality with a short-term visit (C-3) on a short-term visit (C-3).

B. On October 11, 2017, the Plaintiff applied for recognition of refugee status to the Defendant. However, on July 9, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on August 13, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on June 19, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, around November 29, 2016, the Plaintiff participated in peace fighting against the new rules of the school established to restrain students’ activities at B University, and the police took part in the peace fighting, which led to a separate independent demonstration in the English region in which the said peace fighting was extinguishing by force. After three weeks from the date on which peace fighting was held, the police found the Plaintiff’s house.

In addition, people in the English zone in the Kamera are not free expression of opinion and are in danger of arrest or adviser.

In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.

B. 1 The term “refugee” is either a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or such fear.