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(영문) 서울행정법원 2014.09.04 2014구합6180
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. On March 4, 1999, the Plaintiff was issued a visa for industrial training (D-3) with a passport issued in the name of “B (B)” on March 4, 199 as a foreigner of the nationality of the Republic of the Union of Myanmar (hereinafter “Myanmar”), and was arrested by a designated entity without permission after entering the Republic of Korea on March 23, 199, and was forced to leave on August 28, 2006.

B. On October 22, 2009, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) using a passport issued in the name of “A (A, D”)” and filed an application for recognition of refugee with the Defendant on July 15, 2011.

(hereinafter referred to as “instant refugee application”). C.

On February 19, 2013, the Defendant rejected the instant refugee application on the ground that: (a) the Plaintiff does not constitute a case of “a well-founded fear that is likely to be injured” as a requirement for refugee under Article 1 of the Convention Relating to the Status of Refugees (hereinafter referred to as the “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

(See Evidence No. 1, hereinafter referred to as “instant disposition”). D.

On March 27, 2013, the Plaintiff raised an objection against the instant disposition to the Minister of Justice, but the Minister of Justice dismissed it on December 23, 2013.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2-1, 2-3 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 미얀마의 소수민족인 아라칸(Arakan)족으로 라카인주(Rakhine State) 시트웨 타운쉽(Sittwe Township) 퍽토 마을(Pauktaw Village) 출신이다.

The plaintiff entered the Republic of Korea on August 28, 199, and was discovered while illegally staying in Korea, and was forced to leave on August 28, 2006, and then purchased land around December 2006 after he was forced to leave the Republic of Korea on August 28, 2006 and was preparing to stop farming. However, the plaintiff was above the Government of Myanmar around December 2007.

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