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(영문) 서울행정법원 2019.05.10 2019구단51249
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 is a foreigner of Mebawegian nationality.

On April 24, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on May 23, 2017.

B. On January 3, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 19, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on September 14, 2018.

On October 22, 2018, the Plaintiff received a notice of dismissal of an objection.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since around 2016, B political party, which is the aggregate of the Plaintiff’s assertion, tried to arrest the Plaintiff’s reference on the ground that the Plaintiff’s reference was related to C political party, the main point of which is the Plaintiff’s assertion, and the Plaintiff’s reference is appropriate to reduce the whereabouts.

B Party asked the Plaintiff’s family members to put their whereabouts, and in the process, the Plaintiff became misunderstanding as a member of the young party of C Party.

On February 2016, the office where the plaintiff's mother and the punishment were imposed was found to have died in the house, and the plaintiff's mother and the punishment were found to have died before the result of the autopsy.

B Party kills the Plaintiff’s mother and punishment clearly.

The police has taken the position that the plaintiff's mother and the punishment were deceased due to a fire in the part of the party B, and did not investigate further.

After that, the plaintiff returned to his office.

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