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(영문) 서울행정법원 2018.07.11 2018구단50591

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. On June 30, 2014, the Plaintiff entered the Republic of Korea as a foreigner of his/her nationality (hereinafter “C-2”) and applied for refugee status to the Defendant on July 23, 2014 after entering the Republic of Korea as a short-term general (C-2).

B. On April 20, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On May 18, 2016, the Plaintiff filed an objection with the Minister of Justice on May 18, 2016, and the objection was dismissed on October 11, 2017, but on the same day, the Plaintiff was determined as a person staying in humanitarian service as prescribed by Article 2 subparag. 3 of the Refugee Act (hereinafter “determination of humanitarian stay”).

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is a member of a youth organization affiliated with mard (Mouve Management pour slur la de moncti) in a country of nationality.

In the country of nationality, the youth organization of the CND-FD (CND-D) in the state of nationality is under the threat of mD party members such as coercion, tata, sexual assault, etc.

On June 2013 and January 2014, the Plaintiff was also threatened with the death of mD while continuing mD activities.

The plaintiff is aware of his/her model activities in the country of nationality, and is likely to be paid attention due to physical conditions.

In the event that the plaintiff returns to the country of nationality, only the fact that mD activities are conducted, it is boomed by the government of the country of nationality.