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(영문) 서울행정법원 2014.10.02 2014구합51647
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 April 8, 2010, the Plaintiff, who has the nationality of the Republic of Rotten (hereinafter “Nice”), entered the Republic of Korea with a short-term general visa (C-3) and filed an application for refugee status with the Defendant on May 17, 2010.

B. On November 28, 2012, the Defendant rendered a disposition denying the recognition of refugee status on the ground that the Plaintiff does not constitute a case of “a sufficiently-founded fear that is likely to be injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “instant disposition”).

C. On December 20, 2012, the Plaintiff appealed to the Defendant, but was dismissed on October 22, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) In the event that B, the President of Nice on December 2008, died, C (C; hereinafter “C”).

(ii) by reason of the codination, the regime was adopted. “Unbolgs de Guin e” (a weak UFDG; hereinafter referred to as “findidi”) as a camping party.

(1) On September 28, 2009, the military court held a demonstration requiring democratization in the stadium located in the water cocokera, and during the process of suppression by the military branch, a situation, such as the military personnel to capture the demonstration team. As the United Nations conducted an investigation into the foregoing situation, the military branch took place with the responsibility for the foregoing situation, and as the military branch took place, D (D; hereinafter referred to as “D”) (the President of the Presidential Security Service, the military branch, December 2009, when the military branch took charge of the foregoing situation.

A) A case involving the Plaintiff’s total attack against C was committed. C was suspected of helping UPD and arrested party members belonging to UPD area. On the other hand, around 2008, the Plaintiff joined the UPD area and participated in the demonstration held on September 28, 2009.

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