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(영문) 서울행정법원 2020.02.12 2019구단19870
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 with a short-term visit (C-3) on June 17, 2017, and applied for refugee status to the Defendant on July 4, 2017.

B. On February 26, 2019, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff 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 on the Status of Refugees.

C. On March 8, 2019, the Plaintiff filed an objection with the Minister of Justice on March 8, 2019, but the objection was dismissed on October 18, 2019.

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

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff was from Egbo, and was an organization organized for the independence of the region of Bafra (Biafra), the south-dong area of Bafra in around 2012, and was in charge of the role of recruiting participants in the assembly as the so-called “Coditer.”

However, after B promoted the C Campaign on May 30, 2017 (1967, at the time of the war in the non-Afra region), the Narian Government accepted it seriously and started to color the codiene among the members of B, and the plaintiff was subject to tracking from the ASEANn government.

Therefore, since there exists a well-founded fear that the plaintiff would suffer from persecutionn Government on the ground that he had been engaged in the activities as a codivane of B, the disposition of this case which did not recognize it on a different premise is unlawful.

B. Determination 1 'Refugee’ refers to race, religion, nationality, status as a member of a specific social group, or political opinion.

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