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(영문) 광주지방법원 2018.10.04 2018구단817

난민불인정처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of disposition;

A. On April 1, 2017, the Plaintiffs, who are foreigners of the South African Republic of South Africa (hereinafter referred to as “ South Africa”), entered the Republic of Korea as the sojourn status of the Tourism Department (B-2, the sojourn period of 30 days) and applied for refugee status to the Defendant on April 28, 2017.

B. On October 26, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiffs do not constitute a case of “a well-founded fear,” which is a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiffs filed an objection with the Minister of Justice on November 9, 2017, but the Minister of Justice dismissed the Plaintiffs on March 21, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiffs’ assertion that Plaintiff A’s assertion is unlawful in the instant disposition that did not recognize it on a different premise, even though it is sufficiently likely that Plaintiff A would have been subject to gambling in case of returning to the Republic of Korea in the Republic of Korea, since Plaintiff A, who suffered from race discrimination, had 4 times or more between 2010 and 2015, left the house operated by her husband, and other students left away and threatened Plaintiff B and C as a mixed blood.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 4 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiffs are born in South Korea.