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(영문) 서울행정법원 2016.04.15 2015구단18558
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 June 25, 2013, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of Myanmar (E-9) and applied for refugee status to the Defendant on November 11, 2013.

B. On November 5, 2014, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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. As to this, the Plaintiff filed an objection with the Minister of Justice on November 10, 2014, but was dismissed on September 24, 2015.

[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, and 4 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From September 23, 2007 to September 24, 2007, the Plaintiff participated in a shower demonstration led by his care in Myanmar. On August 2013, when the Republic of Korea was staying in, the Plaintiff joined the “AEthic Demmocy and Haum Work” (hereinafter “AEDRN”) as an organization for the amendment of the Constitution of the Union of Myanmar and the democratization, and participated in the anti-government demonstration before the Embassy of Myanmar for four times more than August 2014.

If the Plaintiff returned to Myanmar, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful despite the possibility that the Plaintiff might be detrimental to stuff on the grounds of such political activities.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the Republic of Korea is not entitled to protection of the country of nationality or does not want protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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