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(영문) 서울행정법원 2019.03.14 2019구단67
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 May 23, 2017, with the status of stay C-3 (short-term visit) (short-term visit) of the Republic of Senegal (Roegal).

B. On July 3, 2017, the Plaintiff filed an application for refugee status with the Defendant, but on January 25, 2018, the Defendant rendered a disposition for refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a possibility of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On February 19, 2018, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff was conducting funeral services in Senegal, and that he was arrested to the police on the ground of suspicion of terrorism in early 2017 by B, a person who was aware of in the course of conducting funeral services.

Then, the Plaintiff received a Intimidation text message to the effect that “Korea is a terrorist organization and will murder the Plaintiff,” from a person under whose name the Plaintiff reported and arrested him.”

In the event that the Plaintiff returned to the Republic of Korea, it is likely to threaten the Plaintiff’s life or physical freedom from the person who sent the instant text message to the Plaintiff.

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. Article 2. 1 of the Refugee Act

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