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(영문) 서울행정법원 2017.09.08 2017구단12042
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 the Plaintiff’s nationality.

On August 31, 2013, the date of entry into the Republic of Korea for a short-term stay visit (C-3) refugee status application (hereinafter “instant disposition”) (hereinafter “instant disposition”) on the date of application for refugee status recognition on December 24, 2015, the decision of January 28, 2016 was rendered on the date of the decision of December 24, 2015: The fact that there is no dispute over the grounds for rejection of the decision of the decision of February 24, 2017 as of February 18, 2016, in which there is no sufficient ground for rejection of the decision of the decision of the decision of February 24, 2017, the entry of Gap 1, 2, Eul 1, 2, and 2, and

2. Whether the instant disposition is lawful

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

The Republic of Korea is a national of the Republic of Korea (hereinafter referred to as “Korea”).

The plaintiff is U.S.

On March 201, 2001, as a party member of the Democratic Reform Forum, worked as an election management and reported to the polling station that five members of the National Anti-Defense Campaign (NM) manipulates fake ballot papers and reported it to the polling station. However, the plaintiff was arrested and lived for two years.

On September 2004, the Plaintiff, while getting on and moving a truck for mining street, escaped the gap in which strawers move.

Although the Plaintiff’s expression of political opinion, such as filing an accusation against an illegal election, constitutes a refugee who is likely to be detrimental to political persecution, such as death penalty, due to a party branch at the time of returning home, the instant disposition taken by the Defendant on a different premise is unlawful.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable 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 who, due to such fear, cannot return to, or does not want to return to, a country in which he/she had resided before entering the Republic of Korea.” 2).

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