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(영문) 서울행정법원 2018.09.05 2018구단13370

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the disposition, the Plaintiff’s short-term sojourn status visit (C-3) on May 20, 2017 (hereinafter “instant disposition”) on the date of entry into the Republic of Korea of the Republic of Korea on May 20, 2017: (a) on June 29, 2017, the date of the application for refugee status recognition (hereinafter “instant disposition”) and on August 10, 2017: The fact that there is no dispute over the grounds for recognition of the decision to dismiss the decision on September 14, 2017; (b) the fact that there is no ground for recognition of the decision to dismiss the decision on March 21, 2018 as of the date of application for objection; (c) Party A’s evidence No. 1, 2, and Party B’s each statement

2. Whether the instant disposition is lawful

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

The plaintiff operated the car parts shop in the Senegal.

On the other hand, however, the plaintiff was strengthd at the shop operated by the plaintiff, and the plaintiff reported this to the police.

In addition, the police arrested several of the robbery.

Therefore, the intensity that was not fluent in the police has threatened the plaintiff to find and die.

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

As such, the Plaintiff should be recognized as a refugee inasmuch as the Plaintiff’s return to Senegal is likely to face another threat from robbery.

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

A threat that is or is likely to be claimed is merely a general illegal act by a private person, but is a reason for recognition of refugee status as provided in the Refugee Act.