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(영문) 서울행정법원 2017.07.21 2017구단57878
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the disposition, the following facts are: short-term sojourn status visit (C-3) on December 27, 2014, the date of entry into the Republic of Korea of the Republic of Korea of the Plaintiff-registered Camera (hereinafter “instant disposition”) (hereinafter “instant disposition”) on the date of application for refugee status recognition; November 11, 2015, the date of application for refugee status recognition (hereinafter “the date of application for refugee status recognition”): The fact that there is no dispute over the grounds for recognition of the decision of rejection of the decision of December 14, 2015, as of the date of application for objection, that there is no ground for recognition of the decision of rejection of the decision of the decision of December 24, 2017; Gap’s evidence 1 through 4; Eul evidence 1 and 2; and the purport of the entire pleadings;

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Republic of Camera (hereinafter referred to as "Kamera").

The plaintiff has joined the Social Democratic Cable Party and has been engaged in political activities such as participating in any demonstration against the long-term power of the President.

The plaintiff was arrested at the police around February 2009 and detained for two months.

On April 2012, when the Plaintiff was detained on April 2012, the Plaintiff could escape with prison officers’ aid, and immediately thereafter, the escape from the U.S. Emirate was concealed from the U.S. Emirate, and the Plaintiff entered the Republic of Korea around December 2014.

As such, the Plaintiff is likely to go back to Kamera, and thus, he/she should be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, does not want to return to the country in which he/she had resided before entering the Republic of Korea, or who is a state of nationality and who does not want to return.”

In March 2013, at the time of refugee interview, the Plaintiff left the Republic of Korea in 2013, and there was no problem at the time of departure.

“......”

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