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(영문) 서울행정법원 2018.06.19 2018구단2769
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 entered the Republic of Korea on September 3, 2002 on a short-term visit (C-3) status as a foreigner of the Republic of Korea’s nationality of Cotdar.

B. On April 13, 2005, the Plaintiff filed an application for recognition of the first refugee with the Minister of Justice. On June 1, 2009, the Minister of Justice rendered a first refugee non-recognition disposition against the Plaintiff on the ground that the Plaintiff cannot be deemed to have a “sufficiently-founded fear of persecution” (hereinafter “the first disposition”). On the grounds that the Plaintiff’s objection, the Plaintiff filed an appeal for revocation of the first disposition under the Seoul Administrative Court 2009Guhap38831, but the Plaintiff was sentenced to the judgment against the Plaintiff on April 29, 2010, and the Plaintiff appealed (Seoul High Court 2010Nu15652), but the said judgment became final and conclusive on December 29, 2010, the Plaintiff filed an application for recognition of refugee status with the Defendant on April 15, 2011, but the Defendant could not be deemed to have any sufficient fear of the Plaintiff on the ground that he/she could not receive the second disposition (hereinafter “the second disposition”).

In response to this, the Plaintiff filed an appeal seeking revocation of the second disposition as Seoul Administrative Court 2012Guhap14835, but the judgment against the Plaintiff was rendered on May 9, 2013, and the Plaintiff’s appeal (Seoul High Court 2013Nu16113) and appeal (Supreme Court 2013Du27371) were all dismissed, and the said judgment became final and conclusive.

On April 23, 2015, the Plaintiff filed a third refugee application with the Defendant on April 5, 2017. On April 5, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” stipulated in Article 1 of the Protocol Relating to the Status of Refugees.

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