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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 October 2, 2012, the Plaintiff, a foreigner of the Republic of South Africa, entered the Republic of South Africa without a visa, extended the period of stay on October 30, 2012 by the tourism Tong (B-2) sojourn status on October 30, 2012, and filed an application for refugee status with the Defendant on January 4, 2013, prior to the expiration of the period of stay ( January 10, 2013).
B. On February 10, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer 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.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff was a legitimate member of the South Africa (IFP) in the Republic of South Africa, but was absent from the Republic of South Africa, and became a threat of murder from the Kata Free Party (NFP) and then became a refugee.
Therefore, the instant disposition made by the Defendant on a different premise is unlawful.
B. Determination 1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; Article 1 of the Convention Relating to the Status of Refugees; and Article 1 of the Protocol Relating to the Status of Refugees, the Defendant shall recognize a foreigner in the Republic of Korea, who is unable to be protected by the country of his/her nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion, or who does not want to be protected by the country of his/her nationality, as a refugee under the Refugee Convention.
At this time, "persecution", which is a requirement for recognition of refugee status, is important for the fundamental human dignity, including threats to life, body or freedom.