난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 11, 2016, the Plaintiff entered the Republic of South Africa as a foreigner with the nationality of the Republic of South Africa, and applied for refugee recognition to the Defendant on July 26, 2016.
On September 19, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
The Plaintiff filed an objection with the Minister of Justice on October 14, 2016, but was dismissed on February 24, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is that the Republic of Pakistan-based Republic of South Africa was a national of the Republic of South Africa, and the Plaintiff obtained three times from the local residents in the workplace located outside the city, and applied for refugee status. The Plaintiff applied for refugee status.
The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, do not want to be protected by the country of nationality, or who, owing to such fear, cannot return to the country of nationality or who had resided in the country of nationality before entering the Republic of Korea, or who did not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of