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(영문) 서울행정법원 2020.02.12 2019구단15830
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The circumstances leading up to the decision of non-recognition of refugee status ① The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on October 2, 2017 as a man with the nationality of the Republic of Senna, and filed an application for refugee status with the Defendant on October 26, 2017 on the ground that “a threat of a private degree punishment on the ground of a non-continctity with a private degree” was “a threat of a private degree punishment on the ground of a non-continctity with a private degree.”

② On March 29, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “The Plaintiff’s ground for refugee status is only a matter that the Plaintiff ought to resolve through its judicial system as a matter of personal retaliation regarding the act of retaliation, and does not constitute booming on the ground of race, religion, nationality, status as a member of a specific social group or political opinion, which constitutes a requirement for the definition of refugee status.”

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on July 30, 2019.

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

2. The plaintiff's assertion has fleded to the Republic of Korea since he/she raped the senegal in the Senegal.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

3. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the former Refugee Act, Article 1 of the 1951 Convention on the Status of Refugees, and Article 1 of the 1967 Protocol on the Status of Refugees, “persecution” which serves as the requirement for recognition of refugee status should be limited to “a race, religion, nationality, status as a member of a specific social group, or political opinion.”

The grounds alleged by the Plaintiff by itself are not based on “human race, religion, nationality, status as a member of a specific social group, or political opinion,” which is the cause of gambling that serves as a requirement for recognition of refugee status.

Therefore, the plaintiff's above assertion is without merit.

4. If so, the plaintiff's claim of this case is reasonable.

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