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(영문) 서울행정법원 2019.11.15 2019구단12770
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. The plaintiff is a native foreigner of high nationality.

On May 25, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on June 26, 2017.

B. On September 12, 2018, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status 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 October 10, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on May 27, 2019.

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

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was around 2015, the Plaintiff joined and supported the instant organization as an organization under the B Association (hereinafter “instant organization”).

The organization of this case purchased fuels in the neighboring countries, and assisted young people and young people and provided jobs to them with profits earned by selling them from earth and sand.

The organization of this case sold fuel without obtaining permission from the soil authority for the sale of fuel, and the soil authority began to impose sanctions on it.

On May 3, 2017, when one of the fuel re-sellers belonging to the instant organization was driving away by the police, the occurrence of an accident involving the death of a motor vehicle due to the destruction of the motor vehicle. On May 9, 2017, the instant organization was punished by a bridge demonstration that prevents the police from exercising violence.

The plaintiff, as a member of the instant organization, participates in the aforementioned dub demonstration and is going on the dub.

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