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(영문) 서울행정법원 2017.12.22 2017구단11414
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, who is a national of the Democratic Republic of Congo, entered the Republic of Korea on September 15, 2005 on a short-term visit (C-3) sojourn status.

B. On September 26, 2014, the Plaintiff filed an application for recognition of refugee status with the Defendant. On November 29, 2016, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on December 23, 2016, but the said objection was dismissed on February 24, 2017.

[Reasons for Recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff: (a) sold music records containing the title “B” that criticizes the Government of the Democratic Republic of Congo in 2005 (hereinafter “B”) and actively engaged in music activities; (b) on September 15, 2005, the Plaintiff entered the Republic of Korea on or around September 2005; (c) upon intrusion upon the Plaintiff’s home on October 20, 2005, destroyed all the posters tapes of the above music records; and (d) assaulted and threatened the Plaintiff’s wife C for whom 8 months were pregnant at the time.

(A) At the time of “the Plaintiff’s legal representative,” the Plaintiff’s wife was raped before the Plaintiff’s wife was considered to be friendly by the deceased, and was hospitalized for seven days due to his impulses. The Plaintiff is aware of the fact of rape in his wife’s wife. In addition, on December 19, 2016, the Plaintiff participated in any demonstration against the extension of the D president’s sovereignty before the Embassy of the Democratic Republic of Congo in Korea, and criticized the German Democratic Republic of Congo’s financial value by contributing three times to the E’s “F” program.

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