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(영문) 서울행정법원 2014.09.04 2014구합618
난민불인정처분취소
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. The Plaintiff entered the Republic of Korea around 2005, as a foreigner of the nationality of the Republic of the Union of Myanmar (hereinafter “the Union of Myanmar”).

Even after the expiration of the period of stay, the Plaintiff was found to have been employed to engage in economic activities and left the Republic of Myanmar upon being subject to a deportation order in April 2008.

B. On September 8, 2008, the Plaintiff issued a passport under the name of “A (A),” and entered the Republic of Korea by a short-term general (C-3) visa on May 15, 201, and applied for refugee recognition to the Defendant on July 19, 201.

C. On December 4, 2012, the Defendant rendered a disposition denying the recognition of refugee status on the ground that the Plaintiff does not constitute a case of “a well-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “instant disposition”).

On December 17, 2012, the Plaintiff filed an objection with the Minister of Justice on December 17, 2012, but was dismissed on October 22, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff entered the Republic of Korea to attend the church seminars located in the Republic of Korea at around 2005 when he was employed as a father in the Myanmar E (hereinafter “E church”) and was engaged in economic activities while illegally staying in the Republic of Korea by requesting the Plaintiff to set aside funds for the missionary work in the Republic of Korea.

On May 2008, the Plaintiff established a missionary center in Faling a Faring region (hereinafter “instant village”) adjacent to a friendship, and performed missionary activities.

At around 2010, a public election was held in Myanmar, but before the general election was held, the village head of the instant village.

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