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(영문) 서울행정법원 2019.04.25 2018구단23704
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, a foreigner of B (B; hereinafter “B”) nationality, entered the Republic of Korea as the status of stay C-3 (short-term visit) September 11, 2016.

B. On September 21, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on December 29, 2017, issued a disposition on recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuges with sufficient grounds for fear 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.

C. On January 30, 2018, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. On June 2016, the Plaintiff asserted that the Plaintiff joined “C” as a political organization that objects to the excessive and unlawful election of B political parties, etc., and participated in the open demonstration in D, a water developer, more than 10 times.

Around July 2016, the Plaintiff participated in the small-scale demonstration open in the Harae Center, and the parties to E appear to commit violence against the participants of the demonstration, and the Plaintiff also threatened the Plaintiff that “in the event of the participation in the demonstration more than once, rape and murder.”

After that, around July 8, 2016, E political parties found E in the company that the Plaintiff worked and agreed to murder as the Plaintiff, and the security guards could have avoided the threat of driving away.

In addition, around July 10, 2016, people of E are in the Plaintiff’s house with arms.

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