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(영문) 서울행정법원 2017.12.01 2017구단73955
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The details of the disposition are as follows: short-term stay status visit (C-3) on January 3, 2017 of the date of entry into the Republic of Korea of the Republic of Korea on January 3, 2017 (hereinafter “instant disposition”) and the reasons for refugee non-recognition on January 26, 2017 of the date of application for refugee status recognition (hereinafter “instant disposition”): The fact that there is no dispute over the grounds for recognition of the decision of rejection on February 18, 2017 of the date of application for objection that the decision of the court rendered on January 26, 2017 of the date of application for refugee status non-recognition: the fact that there is no ground for recognition of the decision of rejection on February 27, 2017; Gap evidence 1 through 4; Eul evidence 1, 2

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Republic of Camera (hereinafter referred to as "Kamera").

On December 8, 2016, the Plaintiff participated in a demonstration that prevents the progress of the Party B, opened in the Romena City, which was administered by the Plaintiff, and during that process, the Plaintiff was administered by attaching B the disease containing the insignia to B.

As a result, the plaintiff became a target of police officers, and has been in the Republic of Korea regardless of the damage metamera.

As such, the plaintiff should be recognized as a refugee because he/she could be arrested by the police if he/she returns to Kamera.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any 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, status as a member of a specific social group, or political opinion, or is a stateless foreigner who is unable 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.” 2) When comprehensively considering the evidence and evidence set forth in subparagraph 3 as well as the following circumstances that can be known in addition to the purport of the pleading as a whole, the Plaintiff shall be subject to persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.

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