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(영문) 서울행정법원 2019.05.09 2019구단3462
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. The Plaintiff, who is a foreigner of B (B; hereinafter “B”) nationality, entered the Republic of Korea as a status of stay C-3 (short-term visit) February 26, 2016.

B. On March 8, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on September 19, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 24, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion began to support C party from around 2013.

At the time, the Plaintiff was staying in the U.S. Emirate, and was working as a taxi driver. However, if the Plaintiff sent money to a type D supporting the activities of the Party C like the Plaintiff, the sentence was difficult to use the money as necessary for the activities of the Party C.

On June 17, 2014, the plaintiff's punishment participated in the event of a political party in C political party in the Clock Stet stadium, and was injured by the total attack of the parties E.

On July 24, 2014, the Plaintiff returned to the Republic of Korea from two wounded persons, and was subject to a total of 6-7 persons from the E party in the market on July 24, 2014, and could escape from the risk by having fledd.

If the plaintiff still returns to B, he/she shall be free to life or physical freedom from the parties to E.

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