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(영문) 서울행정법원 2017.11.24 2017구단25857
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, on August 4, 2016, the date of entry into the Republic of Korea of the Republic of Korea for a short-term visit for refugee status (C-3) (hereinafter “instant disposition”) on August 23, 2016, the date of the application for refugee status recognition (hereinafter “instant disposition”) and November 17, 2016, the decision of the Supreme Court rendered on August 23, 2016: The fact that there is no dispute over the grounds for recognition of the decision of rejection on December 8, 2016 as of the date of the application for objection that the decision of the Supreme Court rendered on December 18, 2017, and that there is no ground for recognition of the decision of rejection as of the date of the decision of the decision of the Supreme Court on July 18,

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a person of nationality of the Republic of means (hereinafter “means”).

The plaintiff participated in the public relations and demonstration as a member of the anti-military organization's justice and equality movement (JEM), which is a anti-military organization, as a means of action, and the plaintiff has been arrested twice or more.

Therefore, the plaintiff has also been arrested in Korea because of the fact that the plaintiff is also arrested.

As such, the Plaintiff, if returned as a means, should be recognized as a refugee, because it is likely to be detrimental to gambling by the government.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected 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, membership of a particular social group, or political opinion, or a foreigner who is not able to return to 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.” In full view of the following circumstances revealed by adding up the evidence and the purport of the entire arguments as stated in subparagraphs 1 and 3 of Article 2 of the Refugee Act, the Plaintiff shall be subject to persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.”

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