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(영문) 서울행정법원 2019.04.12 2018구단77947

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 a foreigner of B nationality.

On June 15, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on July 5, 2017.

B. On July 14, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status under 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on August 31, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on September 14, 2018.

On October 4, 2018, the Plaintiff received a notice of dismissal decision of an objection.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On January 7, 2013, the Plaintiff joined the C Party, a camping party, as of January 7, 2013.

C Party held a demonstration requiring D’s resignation on April 21, 2017. At the time, the Plaintiff participated in the demonstration and went out of relief.

However, in the above demonstration, there was a armed conflict between the C Party, which is the party, and the E-Party, which is the party.

The Plaintiff did not cause particular damage to the body of the Plaintiff, but thereafter, the Plaintiff’s supposed the Plaintiff’s house and the Plaintiff’s mother’s mother as “the Plaintiff, a party member, will die.”

Accordingly, the Plaintiff left Korea to the Republic of Korea for the homicide B and entered the Republic of Korea.

On July 2, 2017, after the plaintiff entered the Republic of Korea, three persons who seem to be Epolitical party members, "the plaintiff's friendship to the plaintiff's friendship in the place of the plaintiff's home".