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(영문) 서울행정법원 2017.05.19 2016구단32391
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the process of the disposition, the Plaintiff’s short-term visit of sojourn status (C-3) on November 23, 201, the date of entry into the Democratic Republic of Korea of the Democratic Republic of Korea of the Republic of Korea (hereinafter “instant disposition”) on the date of the application for refugee status recognition (hereinafter “instant disposition”) on February 19, 2016: The fact that there is no dispute that there is no ground for recognizing the contents of the decision of the decision of the Supreme Court on March 27, 2016 as of the date of the application for objection that there is no sufficient ground for recognizing refugee status non-recognition: (a) lack of grounds for recognizing the contents of the decision of the decision of the Supreme Court on March 29, 2016; (b) evidence No. 1, No. 1, B, 2, and 3

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Democratic Republic of Congo (hereinafter “Congo”), respectively.

In around 1999, the Plaintiff joined a Democratic Social Development Society (hereinafter referred to as “UDPS”), which is a camping party, and was engaged in critical activities with respect to the Congo government from the above time. Accordingly, there has been two times arrested and detained, and there has been an order issued to the Plaintiff as of September 10, 2016.

If the plaintiff returned to the Congo, there is a fear that there is a sufficient basis for persecution on the grounds of political opinion.

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any 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 specific social group, or political opinion, or is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “a foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea, or is a stateless foreigner who does not want to return to the country.

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