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(영문) 서울행정법원 2016.05.20 2016구단4051

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 10, 2014, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of South Africa’s nationality, and applied for refugee status to the Defendant on February 26, 2014, after entering the Republic of Korea as a sojourn status of the Tourism Department (B-2).

B. On January 26, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On February 9, 2015, the Plaintiff filed an objection with the Minister of Justice on February 9, 2015, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Eul 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had traditional religion or customs, such as liquor and marina, to be bents, with bents, and that villagers classified the Plaintiff’s and his family members as marinas, and that the Plaintiff’s family members died of villagers and invaded the Plaintiff’s house on November 25, 2013.

As a result, the plaintiff, the plaintiff's mother, female, and children are all scattered, and they are now not aware of their life and death.

The plaintiff has fleded from the Republic of Korea to the Republic of Korea, but the village is living even in the Hanasberg, and therefore, the plaintiff has entered the Republic of Korea.

The police of the South Africa does not intervene as a matter of lack or village, and there are many villagers in the police, so the police has no intention to intervene in this case.

In the event that the plaintiff returns to the Republic of South Africa, the plaintiff did not recognize the plaintiff as a refugee, despite the possibility of being stuffed by the village people.