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(영문) 서울행정법원 2012.07.26 2011구합38759
난민불인정처분취소
Text

1. The Defendant’s disposition of non-recognition of refugee status against the Plaintiff on May 25, 2011 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On June 23, 1994, the Plaintiff entered the Republic of Korea with a qualification as an industrial trainee under the name of the person who is the name of the Republic of Korea, and returned to the Republic of Korea on March 2, 1998. On May 29, 2001, the Plaintiff entered the Republic of Korea with a visa for industrial training in the name of the person A and applied for refugee status pursuant to Article 76-2 of the Immigration Control Act to the Defendant on August 28, 2009.

B. On May 25, 2011, the Defendant rendered a disposition of denial of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed to have been faced with “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On June 16, 2011, the Plaintiff filed an objection against the instant disposition with the Defendant, but the Defendant rejected the Plaintiff’s objection on the same ground as the instant disposition on November 3, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 7, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Myanmar regime continued a pressure policy, such as discriminating against the minoritiess, including carrens, committing harsh acts, or forced confiscation of land, etc. The Plaintiff participated in the 88888 dispute in Myanmar and resisted against the Allied regime’s minority pressure policy. In addition, the Plaintiff participated in the demonstration before the Embassy in the Republic of Korea for the democracy of the Myanmar, and carried out seminars with members of the Democratic People’s Association (hereinafter “NLD”), and on July 11, 2009, established the branch of Korea (C; hereinafter “KNU”) affiliated C (hereinafter “C”) under the C (hereinafter “KNU”) and carried out its chairing duty, and the Plaintiff returned to the Plaintiff’s work.

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