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(영문) 서울행정법원 2015.07.24 2015구단4658

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 January 18, 2013, the Plaintiff entered the Republic of Canada (hereinafter “C-3”) as a foreigner of his/her nationality, and stayed in the Republic of Korea for a short-term visit (from January 18, 2013 to April 18, 2013), and applied for refugee status to the Defendant on April 18, 2013.

B. On May 23, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On June 27, 2014, the Plaintiff filed an objection with the Minister of Justice on June 27, 2014, but the said objection was dismissed on April 2, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 7 and 8, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff joined a youth movement organization (Anglophone) in 2001 and participated in a strike and counter-government demonstration. For this reason, the Plaintiff was dismissed for one year from 2006 to 2007, and the amount of bail was paid and released. From February 2008 to December 201, 201, the Plaintiff was dismissed.

Therefore, the disposition of this case, which was taken on different premise, is unlawful despite the possibility of harming the government's gambling on the ground that the Plaintiff participated in the youth movement as above when the Plaintiff returned to Kamera.

나. 관계 법령 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

3. The term "refugee" means a person to whom the Refugee Convention is applied pursuant to Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the "Refugee Convention") or Article 1 of the Protocol Relating to the Status of Refugees;

Article 76-2 (Recognition of Refugees)