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(영문) 서울행정법원 2016.08.08 2016구단9889
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 April 16, 2014, the Plaintiff entered the Republic of Korea with the status of general training (D-4) sojourn on April 16, 2014, and filed an application for refugee status with the Defendant on August 31, 2015.

B. On October 5, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “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”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff appealed to the Minister of Justice on October 19, 2015, but the said objection was dismissed on March 24, 2016.

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

2. Whether the disposition is lawful;

A. On December 2012, 2012, the Plaintiff’s arguments and the Korean National Assembly of the Republic of Korea (hereinafter referred to as the “SCNC”) adopted a bill to the effect that the KCNC does not recognize the SCNC as a legitimate party, and that the KCNC may be punished by life imprisonment when arrested as a anti-government activity on the part of the Republic of Korea on December 2014.

The Plaintiff, as a member of the SCNC from August 2007, was arrested and detained for one week on the ground that he/she is a SCNC member on the ground that he/she is a member of the SCNC and was arrested and detained for one week on the grounds that he/she is a member of the SCNC. On August 201, 201, the Plaintiff reported his/her attack from soldiers to the police station and was arrested and detained for five days. On November 201, 201, the Plaintiff was arrested and detained for five days on the grounds that he/she was a member of the SCNC member.

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