난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 29, 2017, the Plaintiff entered the Republic of South Africa as a foreigner of the nationality of the Republic of South Africa, and applied for refugee status to the Defendant on July 19, 2017.
B. On November 29, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that the Defendant cannot recognize “a sufficiently well-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on December 5, 2018, but the Minister of Justice dismissed the objection on May 27, 2019.
On July 16, 2019, the Plaintiff received the notice of dismissal of the said objection, and filed the instant lawsuit on September 26, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff, on the grounds that he was a slovasian from Ghana, had assaulted to the Republic of South Africa in around 1979 and around March 198, on the grounds that he was the slovasians. At this point, the Plaintiff was also subject to violence from around May 2017.
If the plaintiff returned to the Republic of South Africa, the plaintiff should be recognized as a refugee.
B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea (Article 2 of the Refugee Act).