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(영문) 서울행정법원 2018.11.23 2018구단19200

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, the following facts: short-term sojourn status visit (C-3) on August 26, 2017 of the date of entry into the Republic of Korea of the Republic of Korea on August 26, 2017; short-term refugee status application (hereinafter “instant disposition”); and the purport of the entire pleadings, written evidence Nos. 1, 2, 1, and 2, and 1 and 2, of the date of application for objection, for which there is no dispute as to whether there is a ground for recognition of the decision of rejection of the decision of September 3, 2017, as of September 28, 2017, the date of application for refugee status recognition application (hereinafter “instant disposition”);

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Republic of Senegal (hereinafter “Senegal”).

In 2012, the presidential election was conducted, and the plaintiff became a member of the B Party and was engaged in an election campaign.

The plaintiff carried out an election campaign during the election period of the National Assembly member in 2017.

However, at the time of the election of the National Assembly members, the ballot boxes were damaged in the area constituency of the election district, and the police was doubtful that the members of the B political party including the plaintiff were damaged, and the police began to drive away the plaintiff et al.

Accordingly, the plaintiff has been in the Republic of Korea since he did not leave the Republic of Korea.

As such, the Plaintiff is likely to be arrested by the police if he/she returns to the Republic of Korea, so he/she 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, membership of a particular social group, or political opinion, or who is a stateless foreigner who, due to such fear, could not 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 the evidence set forth in subparagraph 3 can be seen as being obtained by adding the entire purpose of pleading to the statement in the evidence set forth in subparagraph 3.