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(영문) 서울행정법원 2015.04.16 2014구합20575

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 entered the Republic of Korea on August 20, 201 under the status of stay (D-4) (the expiration date: March 20, 2012) of the General Training (D-4) (the expiration date: March 20, 2012), and filed an application for refugee status with the Defendant on February 8, 2012.

B. The Defendant, on March 4, 2014, promulgated with sufficient grounds for gambling (amended by the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; hereinafter the same shall apply)

) Article 2 of the Convention on the Status of Refugees, Article 1 of the Protocol Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees was made on the ground that there is no recognition of refugee status (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an objection with the Minister of Justice on March 17, 2014, but the Minister of Justice dismissed the said objection on September 30, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including each number in the case of additional evidence) and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Korean People’s Council (SCNC) is an organization that requires the autonomy and independence of the area in South and North Korea, the English area in the South and North Korea, the area of which is the English language of the Republic of Korea within the three villages of the Plaintiff, as an organization that demands the autonomy and independence of the area in South and North Korea.

Around September 2002, the Plaintiff was detained by the Canadian Police on the ground that he is a SCNC member. The Plaintiff was arrested by the police on his own house on the ground that he concealed the book of anti-government inclinations at the third village office upon the request of the third village. The Plaintiff was arrested by the police on the ground of this, and distributed the leaflets for promoting the SCNC membership upon the request of the third village around 2005. As such, the Kamera Government is stuffing by arresting the SCNC members, and the Plaintiff was mistaken for the SCNC member even if he is not a SCNC member (hereinafter referred to as “the ground”).

(ii) around May 201, 201;

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