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(영문) 서울행정법원 2019.08.21 2019구단64337
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 27, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on September 27, 2017, and applied for refugee recognition to the Defendant on October 27, 2017.

B. On March 20, 2019, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff 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.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was as follows: (a) around 2015, the Plaintiff joined the organization B for the independence of the region of Viafra (Biafra), one of five leaders in the Manaco area of Maria, and was engaged in active activities, such as holding a meeting and demonstration as one of five leaders.

In the meantime, the demonstration of the B organization was conducted in the vicinity of the human body operated by the Plaintiff, and the military personnel who were called to suppress it was destroyed by the Plaintiff’s abundance, and the Plaintiff’s abundance had been threatened with the Plaintiff’s life.

Therefore, since there exists a well-founded fear that the plaintiff would be stuffed by the ASEAN government on the ground that he had worked as a member of the organization B when the plaintiff returned to ASEAN, the disposition of this case which did not recognize it on a different premise is unlawful.

B. 1 The term “refugee” is either 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 particular social group or political opinion, or such fear.

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