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(영문) 서울행정법원 2018.04.11 2017구단80199
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 20, 2015, the Plaintiff, a national of the Democratic Republic of Congo (hereinafter referred to as the “Congogo”), filed an application for refugee status with the Defendant on the same day, when it was discovered that the Plaintiff was seeking to enter the Republic of South Africa upon arrival of the Incheon State’s supply port, using a forged passport.

B. On January 29, 2016, 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 March 11, 2016, but was dismissed on July 18, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was around August 2014, when serving in the military, ordered that the Plaintiff murdered E, a political party belonging to the Do party, at the site of the anti-government demonstration held in Congo B, his superior, who is a party, at the site of the Government Demonstration (hereinafter “E”).

The Plaintiff is another four military personnel (F, known to the Plaintiff, (hereinafter referred to as “F”) who received the same order on September 2014 in accordance with the foregoing order.

(B) along with the Congo, E was moved from the Congo to C.

The plaintiff supported the Pyeongtaek D Political Party was unable to comply with the above order, and the plaintiff was able to find E from the day following the arrival of C, and was informed about the order of cancer received by the plaintiff, etc.

Since then, the Plaintiff, along with E, escaped from the car and diving, was able to depart from the Republic of Korea on September 23, 2014 by using the forged passport of the Gu in Habwa.

Therefore, it is recognized that the plaintiff could be affected by gambling when he returns to the Congo.

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