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(영문) 서울행정법원 2015.12.11 2015구단8254
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 January 28, 2013, the Plaintiff: (a) entered the Republic of Korea with a short-term visit (C-3) status; (b) filed an application for refugee status with the Defendant on April 25, 2013.

B. On May 16, 2014, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that there is no sufficiently-founded fear that the Plaintiff would be subject to persecution” as stipulated in 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. On May 30, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on April 2, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined the SCNC around 2006 under the influence of the father, who was a member of the SCNC conference (hereinafter referred to as the “SCNC”), who was an employee in charge of publicity of SCNC. Around April 2008, the Plaintiff was ordered to suspend SCNC public relations activities by illegally arrested the police and arrested the police at the police station room for three months on October 1, 201. On September 20, 201, the Plaintiff was arrested at the police station and detained in the police station room for three months. On September 20, 2012, the Plaintiff escaped on November 1, 2012 when arrested and detained in the police room.

In the event that the plaintiff returned to Kamera, despite the possibility of persecutioning for the reason that the plaintiff is a member of SCNC, the disposition of this case made by the defendant on a different premise must be revoked as it is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) Determination is made. Article 2 Subparag. 3 of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 76-2(1) of the Refugee Act; Article 1 of the Refugee Convention.

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