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(영문) 서울행정법원 2018.06.22 2018구단60611

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the process of the disposition, the Plaintiff’s short-term visit of sojourn status (C-3) on October 13, 2015, the date of entry into the Democratic Republic of Korea of the Democratic Republic of Korea of the Republic of Korea (hereinafter “instant disposition”) on the date of application for refugee status recognition (hereinafter “instant disposition”) on November 2, 2015: The fact that there is no dispute over the grounds for recognition of refugee status non-recognition by the decision of the decision of April 17, 2017 as of the date of application for objection that the notification of the decision of April 17, 2017 cannot be recognized: the fact that there is no ground for recognition of the decision of the decision of the decision of the decision of December 7, 2017 as of May 4, 2017, Gap evidence Nos. 1

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Democratic Republic of Congo (hereinafter “Congo”), respectively.

The plaintiff worked as a taxi engineer at the bean Republic of Korea.

On September 2015, the Plaintiff was working for the hospital by putting a person belonging to a political party in the taxi, who suffered from the top of the Congo on the 2015.

However, party members assault the plaintiff who was waiting for customers to receive the taxi fee, and reported the plaintiff to the police.

Since then, the Police of the Congo issued the orders to the plaintiff.

The plaintiff has been in the Republic of Korea since it is difficult for the party members to be arrested by the police of the Congo.

As such, if the Plaintiff returned to the Congo, it should be recognized as a refugee, since it is likely that B members might be subject to imminent arrest, etc. by the police of the Congo.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or who is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) The aforementioned evidence and B’s purport of pleading as a whole in the statement of evidence No. 3.