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(영문) 서울행정법원 2017.05.25 2017구단5112
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 23, 2016, the Plaintiff entered the Republic of ASEAN (hereinafter referred to as “Naria”) as a foreigner of nationality, and applied for refugee status to the Defendant on May 10, 2016, after entering the Republic of ASEAN as a short-term visit (C-3) sojourn status.

On May 30, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On June 28, 2016, the Plaintiff filed an objection with the Minister of Justice on June 28, 2016, but was dismissed on the same ground on December 22, 2016.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff, as an organization, claiming the separation and independence of Epina, a minority ethnic group in Ageia, was working as a codnater of an IPB organization that claims the separation of Epina.

On February 9, 2016, an assembly was held for IPOB leaders who were held on February 9, 2016, the police and the military were all in command and attacked by the participants in the assembly, and search and search the plaintiff's house on the following day.

In the event that the plaintiff returned to ASEAN, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful, despite the possibility of being arrested by the government.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who are unable to obtain protection of the country of nationality or do not want the protection of the country of nationality due to well-founded fear of being injured for reasons of race, religion, nationality, membership of a particular social group or political opinion, or such fear.

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