(영문) 서울행정법원 2019.07.18 2019구단7396

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(영문) 서울행정법원 2019.07.18 2019구단7396

난민불인정결정취소

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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 October 15, 2015 with the status of stay C-3 (short-term visit) (short-term visit) nationality of the Republic of Senegal (Roegal, hereinafter “Senegal”).

B. On June 14, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 22, 2018, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by 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 April 27, 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 February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5, Eul evidence Nos. 1 to 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion was in the end of "B" with slock.

Around 2013, the Plaintiff was punished by a dispute with a person who belongs to the end of the “C”, along with a dead village, and was in fighting with his body. In the process that the surrounding merchants jointly boom together, one person who belongs to the end of the “C” was injured by his death.

The plaintiff and the deceased were investigated by the police for the following cases, and the court was sentenced to a suspended sentence of imprisonment.

In the event that the Plaintiff returns to the Sene as its home country, it is still likely to be threatened with the right to life or physical freedom from the end-wave of the “C”.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status.

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