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(영문) 서울행정법원 2017.09.22 2017구단19456
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. The Plaintiff, who is a Korean national of Cotdar, entered the Republic of Korea for a short-term visit (C-3) on September 3, 2002.

B. On April 13, 2005, the Plaintiff filed an application for recognition of the first refugee with the Minister of Justice. On June 1, 2009, the Minister of Justice rendered a first refugee non-recognition disposition against the Plaintiff (hereinafter “the first disposition”). On September 17, 2009, the Plaintiff dissatisfied with the application and filed a lawsuit seeking cancellation of the first disposition under the Seoul Administrative Court 2009Guhap38831, Sept. 17, 2009, and the judgment dismissing the Plaintiff’s claim on April 29, 2010. Although the Plaintiff appealed, on December 29, 2010, the dismissal of the appeal (Seoul High Court 2010Nu15652, Seoul High Court 201), the said judgment became final and conclusive on April 5, 2011, and the Defendant filed an application for recognition of refugee status with the Defendant on April 21, 2015 (hereinafter “the second disposition”).

On May 9, 2013, the Plaintiff appealed and filed a lawsuit seeking revocation of the second disposition as Seoul Administrative Court 2012Guhap14835, and the judgment dismissing the Plaintiff’s claim was rendered on November 28, 2013. However, the judgment dismissing the Plaintiff’s appeal was rendered on November 28, 2013 (Seoul High Court 2013Nu16113) and the judgment dismissing the appeal was rendered on March 27, 2014 (Supreme Court Decision 2013Du27371).

On April 23, 2015, the Plaintiff filed a third refugee application with the Defendant on April 23, 2015, and the Defendant, on April 5, 2017, on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution, as stipulated under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

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