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(영문) 서울행정법원 2018.04.30 2018구단5133
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 September 30, 2013, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on September 30, 2013 and stayed, and applied for refugee status to the Defendant on December 23, 2016.

B. On June 13, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to 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” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 20, 2017, but the objection was dismissed on December 7, 2017, and the Plaintiff received a notice of dismissal decision on December 13, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Defendant’s disposition of this case, based on a different premise, constitutes a refugee suffering from persecution on the ground that the Plaintiff’s assertion was followed by the Plaintiff, is unlawful.

1) The Plaintiff was threatened by the government on the ground that it participated in various peace demonstrations as a member of the IPB organization, an anti-government organization, for the independence of the Republic of ASEAN. 2) The Plaintiff was under threat to neighboring village residents and land-related villages while resolving disputes.

(b) Determination 1: Article 2 Subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act provides sufficient grounds for recognizing that a person may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, who either is unable or does not want to be protected from the country of nationality, or who, due to such fear, does not want to return to the country in which he/she had resided before entering the Republic of Korea.

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