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(영문) 서울행정법원 2018.11.01 2018구단65586

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, a foreigner of B (B; hereinafter “B”)’s nationality, entered the Republic of Korea as a status of stay C-3 (short-term visit) on December 31, 2015.

B. On December 31, 2015, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on June 13, 2017, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that it is difficult for the Plaintiff to recognize “the well-founded fear of persecution” as stipulated in 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 Refugee Status Act (hereinafter “Refugee Protocol”).

C. On July 31, 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.

(However, the Minister of Justice, taking into account the humanitarian aspect of the same day, decided the plaintiff as a humanitarian stay under Article 2 (3) of the Refugee Act). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, and the purport of the whole arguments and arguments.

2. The assertion and judgment

A. On April 2015, the Plaintiff’s assertion 1, around 2015, has participated in a demonstration with approximately two weeks opposing three lines of president C from B.

After that, around June 26, 2015, the names of D English political parties, the police and B Egypties, are “G”.

The E members, a youth organization, found the Plaintiff’s house and knife the Plaintiff. However, the Plaintiff was able to escape from the police and E members due to the difference between the police and E members’ attention.

If the plaintiff return to B, the home country, B police is likely to be threatened with life or physical freedom from E, which is a young group of young groups of the house party.

Nevertheless, the plaintiff's application for refugee status is filed.