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(영문) 서울행정법원 2019.06.18 2019구단371
난민불인정결정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs are foreigners of nationality of the People's Republic of China (People's Republic of China, hereinafter "China").

Plaintiff

A (A) On June 19, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3, and 30 days of stay) sojourn, and applied for refugee status on July 22, 2013, but the Defendant decided to recognize refugee status on June 9, 2014.

The Plaintiff appealed and filed a lawsuit seeking its revocation under this Court 2015Gudan9974, but was dismissed on December 10, 2015 and the said judgment became final and conclusive on December 29, 2015.

In addition, the Plaintiff filed a lawsuit seeking confirmation of invalidity of the said decision of non-recognition of refugee status by the court 2015Gudan63640, but was dismissed on July 22, 2016, and the said decision became final and conclusive on March 9, 2017.

B. On April 19, 2017, the Plaintiff filed an application for refugee status with the Defendant, but the Defendant rendered a decision on refugee status refusal (hereinafter “instant Disposition 1”) on the ground that the well-founded fear that the Plaintiff would be subject to persecution cannot be recognized on March 7, 2018.

The Plaintiff filed an objection with the Minister of Justice, but the Minister of Justice dismissed the objection on September 14, 2018.

B. Plaintiff B (i) on October 22, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3, the period of stay 30 days) and applied for refugee status on October 28, 2014, but the Defendant decided to recognize refugee status on January 20, 2015.

The Plaintiff appealed and filed a lawsuit seeking revocation by this Court 2016Gudan57543, but was dismissed on October 6, 2016, and the said judgment became final and conclusive on May 31, 2017.

B. On July 28, 2017, the Plaintiff applied for refugee status again to the Defendant. However, on April 13, 2018, the Defendant rendered a decision on refugee status refusal (hereinafter the instant disposition No. 2) on the ground that the well-founded fear that the Plaintiff would be stuffed to the Plaintiff was not recognized.

The plaintiff filed an objection with the Minister of Justice, but the Minister of Justice on September 2018.

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