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(영문) 서울행정법원 2020.10.07 2020구단5037
난민불인정처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On May 23, 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 August 1, 2017, when entering the Republic of Korea as a short-term visit (C-3) sojourn status.

B. On February 12, 2019, 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 March 20, 2019, but the Minister of Justice dismissed the objection on October 18, 2019.

【In the absence of dispute over the grounds for recognition, Gap evidence 1 through 3, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined a political organization called “B” in the third party, a nationality country.

“B” was a political organization that has a critical position to the government, and even in the presidential election, it was difficult to express the political intent of the organization through demonstration.

The plaintiff also participated in the conference once a week as a member of the "B" and participated in the demonstration twice.

The SNA government continues to threaten members of the “B” organization by prohibiting the demonstration by “B” and arresting participants in the demonstration.

If the plaintiff knows that he/she joined a “B” organization, he/she is likely to be threatened by the taxnasty government.

As above, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was in a situation of persecution for political reasons in the Senegal.

B. The grounds for determination 1 are as follows: (a) a refugee applicant is suffering from persecutions on the grounds of “a person’s race, religion, nationality, status as a member of a specific social group, or political opinion.”

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