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(영문) 서울행정법원 2019.08.22 2019구단61178
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 March 16, 2017, the Plaintiff entered the Republic of Korea with the status of stay for a short-term visit (C-3) on March 16, 2017.

B. On July 6, 2017, the Plaintiff applied for refugee status to the Defendant. However, on May 28, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees, on the grounds that it does not fall under “the fear”.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on March 5, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Dazcccck, residing in the Dazckististan, and operated the store for the sale and purchase of automobiles and automobile parts. Around 2008, people of the Dazististististan sought and tried to cut off the Plaintiff’s upper points.

Since then, police officers and viewing employees have found the plaintiff and forced him to go beyond the upper point, and threatened him to punish if he refuses to comply with it.

Around March 208, 2008, people and police officers of the KIKOist Republic of Korea committed assault against the plaintiff, and the plaintiff reported this to the public prosecutor's office but they were subject to minor punishment.

On June 10, 2010, the Korean War has occurred between the Dazck's nation and the Dozck's nation, and the Korean people of Dazck excluded the standing point of Dozccck people, and the plaintiff's standing point was also re-scept back. However, the plaintiff's resistance did not cut down, and stolen the parts of the motor vehicle without cutting down the standing point.

After the plaintiff entered the Republic of Korea that has caused threat to the KIKOististan nation.

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