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(영문) 서울행정법원 2019.05.23 2019구단1701
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 October 25, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on October 25, 2016, and applied for refugee recognition to the Defendant on November 2, 2016.

B. On February 8, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that, as to the Plaintiff, it cannot be recognized as a “founded well-founded fear of being injured” 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.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on March 14, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined the B organization in Kamera (hereinafter “B organization”) and went into the Republic of Korea after being arrested by the police on April 7, 2013, and went into the Republic of Korea after being saved.

Since then, in the process of receiving the signature of the metrists to proceed with the independent voting in the south of Matar, the police was assaulted by the Kamers who oppose the independence, and the police was arrested the plaintiff, and the police also arrested the plaintiff.

There is a well-founded fear that if the plaintiff returned to Kamera, the government of the Kamera will be subject to gambling on the grounds of political opinion.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea due to such fear.

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