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(영문) 서울행정법원 2018.11.20 2018구단69267
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 well-known.

On February 28, 2016, a national foreigner entered the Republic of Korea with the status of stay for general training (D-4) on February 28, 2016, and applied for refugee status to the defendant on September 26, 2016.

B. On June 7, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” 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 July 24, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is well-known in 2010.

Around January 2016, B Party(B Party(hereinafter “B Party”) was admitted to B Party(hereinafter “B Party”) and was sent to B Party(C, a supervisor of illegal election of B Party(hereinafter “C”), and was engaged in election surveillance activities in Cambodia’s D polling station on February 18, 2016, which is the 1st election day. At that time, ballot papers were delivered to the above polling station at the latest and there was the requirements of voters, and the voters confirmed that B Party members were excluded from the electoral register and caused a riot in the polling station.

In the process of suppressing this, the police 20 members of the B Party, including C, were able to cover the situation and carried out 20 in the field, while the plaintiff escaped in the process.

Since then, the police continued to trace the plaintiff, and the plaintiff escaped to the damaged Republic of Korea.

In the event that the plaintiff returns to the country of nationality, the arrest, detention and adviser by the government authorities.

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