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(영문) 서울행정법원 2018.03.28 2017구단76336
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 September 20, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on September 20, 2016, and applied for refugee status to the Defendant on October 26, 2016.

B. On January 25, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 13, 2017, but was dismissed on July 18, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 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 from around 2008, the Plaintiff sold a book with the content of opposition to the government from the street point of Kamera in Kamera, which was arrested at the police around November 201, 201, and was subject to gambling, such as being arrested at the police and being forced to be sa

The plaintiff was released at 3 days after the arrest, but the police pursued the whereabouts of the plaintiff until May 2013.

After that, the Plaintiff was employed by a printing office located in the Melamena, and around July 2016, the Plaintiff was also subject to violence from the police on the ground that it printed materials related to the anniversary of the above organization requested by the members of the South Mameron National Assembly (Soutnan Camron), a separate organization with anti-government inclinations, as a separate organization.

At present, the Kmercian government is provoking citizens without recognizing political fundamental rights, such as freedom of assembly and demonstration, so it is highly likely that when the plaintiff returns to the Republic of Korea with Kamerc, he/she will be deprived of political opinion.

Therefore, the Plaintiff is political.

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