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(영문) 서울행정법원 2015.11.13 2015구단7909

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 a short-term visit (C-3 and 90 days of stay) on September 6, 2012, and stayed in the Republic of Korea until January 1, 2013, and visited the Republic of Korea for 10 days, and stayed on January 11, 2013, and stayed until May 9, 2013. The Plaintiff entered the Republic of Korea again on May 22, 2013, and applied for refugee status to the Defendant on September 16, 2013 when the period of stay expires.

B. On June 27, 2014, 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 August 4, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on April 2, 2015.

[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 Plaintiff’s assertion was acting as a reporter of the media organization called Rdadimeni Siantou in Canada. On May 3, 2010, the Plaintiff participated in a demonstration that denies the press pressure of the Republic of Canada on the part of May 3, 2010 and was assaulted during the process of the demonstration. On May 3, 2010, the Plaintiff was threatened with anonymous telephone after publication of the government’s criticism news, and on September 8, 2013, the Plaintiff was arrested and investigated by the Matrimonial.

In the event that the plaintiff returned to Kamera, the disposition of this case which did not recognize the plaintiff as a refugee despite the risk of persecution by the government is unlawful.

(b) Attached Form of relevant statutes;

C. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, race, religion, and religion.