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(영문) 수원지방법원 2019.04.18 2019구합102
난민불인정결정처분취소
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 is a foreigner of Chinese nationality.

On December 31, 200, the Plaintiff entered the Republic of Korea with a visa for short-term visit status (C-3, the period of stay 30 days) and stayed with the expiration date of the period of sojourn. On April 29, 2002, the Plaintiff suspended the departure deadline by December 31, 2003 due to a voluntary declaration of illegal aliens, and stayed under the alteration (E-9 April 30, 2005) of the status of stay on November 20, 2003.

B. On March 15, 2005, the Plaintiff filed an application with the Minister of Justice for recognition of refugee status (hereinafter “the first application for recognition of refugee status”), but on March 31, 2009, the Minister of Justice rejected the recognition of refugee status on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from persecution” stipulated in Article 1 of the 1951 Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the 1967 Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

The plaintiff filed an objection, but was dismissed on April 30, 2009.

In other words, on May 15, 2009, the Plaintiff filed an administrative litigation seeking the revocation of the foregoing non-permission disposition as Seoul Administrative Court 2009Guhap18356, but was sentenced to a dismissal judgment from the above court on February 5, 2010.

The Plaintiff appealed and filed an appeal with Seoul High Court No. 2010Nu8098, but on October 19, 2010, the said appellate court rendered a judgment dismissing the appeal. The Plaintiff filed an appeal with Supreme Court Decision 2010Du25459, but was sentenced to a judgment dismissing the appeal on February 24, 2011, and the said judgment of the first instance became final and conclusive around that time.

(hereinafter referred to as "related judgment"). (c)

On December 10, 2014, the Plaintiff applied for refugee status again (hereinafter “second refugee status application”) but was decided on March 21, 2018.

On May 16, 2018, the plaintiff applies for refugee status to the defendant again on May 16, 2018 (hereinafter referred to as "third refugee status application").

B. The defendant was the plaintiff on August 10, 2018.

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