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(영문) 서울행정법원 2019.10.23 2019구단7730
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff filed an application for refugee status on September 22, 201, on the following grounds: (a) the Plaintiff entered the Republic of Korea on June 23, 201 as a non-professional employment (E-9) male of Sri Lankan nationality; (b) the period of stay has expired on April 22, 2016; and (c) the period of stay was expired on September 22, 2016, when the Republic of Korea was illegal stay in the Republic of Korea; (d) the Defendant was investigated by the head of the department at the time of working as a staff member in the City, and the case was pending in the court due to the embezzlement case of the head of the department at the time of working as a staff member in the City; and (e) the D political party, which was a member of the Plaintiff, becomes a party due to the change of the regime, may be threatened by the regional representative of the E-party C

② On November 23, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “A threat statement from the representative of the relevant party is difficult to accept as it is, and it is difficult to view that the Plaintiff unrelated to the embezzlement case is likely to be stuffed. In full view of the Plaintiff’s domestic employment history and the background of refugee application, etc., the Plaintiff does not constitute a person subject to the Refugee Convention and the Refugee Act” (hereinafter “instant disposition”).

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on February 14, 2019.

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

2. The wind that the head of the viewing department (Senior lofare office) who the Plaintiff claimed in Sri Lanka, intended to cover the Plaintiff with a mistake that the Plaintiff committed at the time of the purchase of goods, the Plaintiff was investigated by the police and released as bail. However, since the political party to which the Plaintiff belonged has changed to the front party, there are many problems to the Plaintiff.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

3. (i) The plaintiff as to the embezzlement case first.

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