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(영문) 서울행정법원 2018.05.11 2018구단56728
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, on March 9, 2017, the date of entry into the Republic of Korea of the Republic of Korea for the short-term stay status (C-3) on March 9, 2017 (hereinafter “instant disposition”) and on March 15, 2017, the date of the application for refugee status recognition (hereinafter “instant disposition”) and on April 3, 2017, the decision of the Supreme Court rendered on March 15, 2017: The fact that there is no dispute over the grounds for recognition of the decision of rejection on April 24, 2017 as of the date of the application for objection that the decision of the court rendered on April 24, 2017, and that there is no ground for recognition of the decision of rejection as of December 7, 2017;

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's external villages worked as a member of B who asserts the independence of the South and North Korea, and the plaintiff also joined the information team around 1998 and worked in the information team.

As a result, the plaintiff was arrested in the police around September 2013 and detained for three months.

The plaintiff moved to the South Africa around January 2014.

However, in 2015, a secret police officer dealing with a camera has access to the plaintiff.

The plaintiff has not been able to live safely in the Republic of South Africa.

As such, if the plaintiff returned to Kamera, it is likely that the government of Kamera might be stuffed, it should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or who is a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” 2) The aforementioned evidence and evidence set forth in Articles 3 and 5 are written.

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