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(영문) 서울행정법원 2015.10.23 2015구단7343
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, who is a national of the Republic of Chicago (Rebroon, hereinafter “C-3”), entered the Republic of Korea with a short-term visit (C-3) on March 20, 2013, and applied for refugee status to the Defendant on June 12, 2013.

B. On May 23, 2014, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that there is no sufficiently-founded fear that the Plaintiff 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”).

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was admitted to SCNC around 2004 as a member of SCNC’s national conference (hereinafter “SCNC”). Around October 1, 2012, the Plaintiff was arrested and detained with the members of SCNC, and was released after being released from the Gul and adviser.

In the event that the plaintiff returned to Kamera, despite the possibility of persecutioning for the reason that the plaintiff is a member of SCNC, the disposition of this case made by the defendant on a different premise must be revoked as it is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012), Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice does not want the protection of the country of nationality or the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion.

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