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(영문) 서울행정법원 2015.01.08 2014구합18145
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 October 29, 201, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on October 29, 201, and filed an application for refugee status with the Defendant on January 19, 2012.

B. The Defendant, on February 26, 2014, promulgated with sufficient grounds for persecution to the Plaintiff [the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; hereinafter the same shall apply]

) On the ground that Article 2 of the Convention on the Status of Refugees, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees cannot be deemed to exist, a disposition not to recognize refugee status (hereinafter “instant disposition”) was made.

C. On March 17, 2014, the Plaintiff filed an objection with the Minister of Justice on March 17, 2014, but the said objection was dismissed on September 30, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was made by a member of the Korean People's Council (Shern's NLC, hereinafter referred to as the "SCNC") that asserts the separation of English areas in the Republic of Korea from the Republic of Korea. The plaintiff became a member of SCNC around 2001 according to the plaintiff's three villages.

The plaintiff was arrested by the police on the ground that the plaintiff was a SCNC member in around 2002 and died during the process of hydromena.

The plaintiff is arrested by police three times on the grounds of SCNC's activities around 2002, around 2004, around 2008.

Therefore, in the event that the plaintiff returned to Kamera, the government and the police that dealt with Kamera on the grounds of the above political opinion are likely to be persecution, and thus, the disposition of this case on the different premise

The plaintiff asserted that the disposition of this case is unlawful, and the above disposition is illegal.

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