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(영문) 서울행정법원 2018.11.07 2018구단19262
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. On May 20, 2017, the Plaintiff entered the Republic of Senegal (hereinafter “Senegal”) as a foreigner of the nationality, and applied for refugee status to the Defendant on July 3, 2017, when entering the Republic of Korea as a short-term visit sojourn.

B. On August 30, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on October 12, 2017, but the Minister of Justice dismissed the objection on June 12, 2018.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 through 5 (including the number of pages), and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined B as an organization with a critical point of view on the medical treatment and educational policy of the Senegal Government around 2012, and participated in the anti-government demonstration held by B from February 2015 at the distance from the “Place de de de de de de de de facto” location. On June 222, 2016, the Plaintiff was arrested in the police during the demonstration and detained for three days. In addition, there is a well-founded fear that the Plaintiff would be subject to persecution on the grounds that he/she had a political opinion that criticizes the status as a member of a specific social group of members B and the government of Senegal.

B. 1) In order for a refugee applicant to be recognized as a refugee, the applicant must prove that there was “contributingly-founded fears” on the grounds of “human race, religion, nationality, status as a member of a specific social group, or political opinion” (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013).

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