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(영문) 서울행정법원 2021.03.17 2020구단18651
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 entered the Republic of Korea on November 27, 2017, as a foreigner of the nationality of the Republic of South Africa, with the status of stay B-2 (tourism and transit).

B. On December 19, 2017, the Plaintiff filed an application for refugee status with the Defendant, but the Defendant, on August 19, 2019, issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) with respect to the Plaintiff on the ground that the Plaintiff’s assertion was not a “probly-founded fear that he would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Declaration.

(c)

On October 4, 2019, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the objection on August 20, 2020.

【Fact-finding without a dispute over the basis of recognition, Gap evidence of Nos. 1 through 3, Eul evidence of No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted from South Africa in 1999, the Plaintiff joined Party B political parties in the Republic of South Africa and played a role in communicating and publicizing people with respect to the activities of Party B in the Mara, thereby having a duty to contact and publicize them.

Party C, which is a member of the Party, assaults and threatened the Plaintiff on the ground that the Plaintiff was performing the aforementioned activities as above.

The plaintiff has been arrested by the police several times during the election campaign period, and a warrant of arrest is issued to the plaintiff.

The plaintiff was detained in 2017 and left the Republic of South Africa after the release of bail.

Therefore, when the plaintiff returns to the Republic of South Africa, there is a concern that life and body may be threatened.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. 1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the previous Civil Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, “divers” means race, religion, nationality, and specific.

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