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(영문) 서울행정법원 2018.08.16 2018구단11015
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 entered the Republic of Korea on February 11, 2017 with the status of stay C-3 (short-term visit) of the Republic of Mameron (hereinafter “Mameron”) of the Republic of Mameron (hereinafter “Mameron”).

B. On February 21, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 6, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On April 21, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was: (a) around November 2016, the Plaintiff participated in a demonstration that resists discrimination against the residents in English using the English language; (b) was arrested and detained by the government that handled the Republic of Korea by many people who participated in the demonstration.

Around that time, the Plaintiff and attorneys-at-law and teachers joined the organization B organized with the main axis to oppose the discrimination against the residents in English using the English language. If the Plaintiff returned to the Kamera as its home country, it is likely that the government of Kamera will pose a threat to life or physical freedom due to the power of participating in the demonstration, joining the organization, activities, etc.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status.

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