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(영문) 서울행정법원 2017.03.23 2016구단33998
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 18, 2015, the Plaintiff, a foreigner of the Republic of Canada (hereinafter “C-3”), who is a national of the Republic of Canada, entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and filed an application for refugee status with the Defendant on May 13, 2015.

B. On November 13, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to 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.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 5, 2016, but the objection was dismissed on September 9, 2016, and the Plaintiff received a notice of dismissal decision on September 21, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a party member of the Dameri SDR (Scal Demmoon) political party. The Plaintiff participated in a demonstration against the actual situation of the DoPC political party and the involvement in the election, which is an opposing party and the centralized party, and was arrested and detained, and became subject to advisory and assault to the Republic of Korea.

Therefore, even though the Plaintiff’s membership status or political opinion (the Plaintiff’s agent’s assertion of “sex” appears to be erroneous) constitutes a refugee who is persecution, the Defendant’s disposition taken on a different premise is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall be subject to persecution on grounds of race, religion, nationality, membership of a specific social group or political opinion.

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