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(영문) 수원지방법원 2016.11.16 2016구단7471
강제퇴거명령및보호명령취소
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 February 14, 2012, when the Plaintiff entered the Republic of Korea on a short-term visit (C-3) on November 23, 2011 as a foreigner of the Democratic Republic of Congo (hereinafter “Congo”), the Plaintiff filed an application for the first refugee status with the head of the Seoul Immigration Office for refugee status on the ground that there is a concern that the Plaintiff might be persecution at the time of returning to Korea as a member of UDPS who is one of its own camping, and was extended the period of stay in the capacity of refugee application (G-1-5).

B. The head of the Seoul Immigration Office denied the Plaintiff’s application for refugee status on November 1, 2013. Accordingly, the Plaintiff filed an objection with the Minister of Justice on November 20, 2013, but the Plaintiff was dismissed on April 11, 2014, and filed an administrative litigation (2014Guhap9042) with the Seoul Administrative Court on May 14, 2014. On December 18, 2014, the said court filed an administrative litigation seeking the revocation of the decision on refugee status refusal. On July 17, 2015, the lower court rejected the Plaintiff’s failure suit (2015Nu3147), the Seoul High Court dismissed the appeal (2015Nu48938), and the first instance judgment became final and conclusive on November 18, 2015.

C. On February 5, 2016, the Plaintiff filed a second refugee application with the head of the Seoul Immigration Office along with the grounds that the first refugee application was scheduled for the first refugee application in 2016. On February 19, 2016, the Plaintiff filed an objection with the Minister of Justice on March 19, 2016. The head of the Seoul Immigration Office recognized the postponement of the departure period to the Plaintiff until June 29, 2016.

In the absence of the status of stay for job-seeking activities from April 14, 2016 to April 18, 2016, the Plaintiff was exposed to the Defendant’s Control Group on April 19, 2016 while receiving a daily allowance of KRW 75,000 per day from the site of the work of the door-to-door shipping company located in Ischeon-si.

E. Accordingly, on April 19, 2016, the Defendant constitutes a person subject to deportation.

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