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(영문) 서울행정법원 2018.08.24 2018구단12315

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 May 24, 2017, the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea (hereinafter “instant disposition”) on the date of application for refugee status recognition (hereinafter “instant disposition”) on the date of July 21, 2017, the date of the application for refugee status recognition, which was determined on August 25, 2017: The fact that there is no dispute over the grounds for recognition of the decision of rejection as of March 21, 2017 of the date of application for objection that was determined on September 12, 2017, and that there is no ground for recognition of the decision of rejection as of March 21, 2018, Gap evidence Nos. 1, 2, Eul

2. Whether the instant disposition is lawful

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

The plaintiff was working in food store.

However, around May 2017, the plaintiff was strengthd into food stuffing that the plaintiff worked, and the main owner of food stuffed the plaintiff as an accomplice and threatened the plaintiff.

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

As such, if the Plaintiff returned to Sejong, it should be recognized as a refugee, since it is likely that the Plaintiff might also threaten the food shop with which the Plaintiff worked.

B. Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected or does not want to be protected from 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, due to such fear, does not want to return to the country in which he/she had resided before entering the Republic of Korea, or who is a state of nationality and who does not want to return.

He returned to the instant case, and received the Plaintiff

In other words, the reason for recognition of refugee status, i.e., race, religion, nationality, and membership of a particular social group, which are defined in the Refugee Act, is merely a general illegal act by a private person.