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(영문) 서울행정법원 2017.05.11 2017구단8043
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 September 4, 2016, the Plaintiff entered the Republic of South Africa with the nationality of the Republic of South Africa and stayed in the Republic of Korea as a sojourn status of tourism and Tong (B-2) and applied for refugee status to the Defendant on September 12, 2016.

B. On October 20, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 10, 2016, but the objection was dismissed on February 24, 2017, and the Plaintiff received a notice of dismissal decision on March 7, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was originally Bangladeshn’s nationality, but after marriage with women of the South Africa, the Republic of South Africa acquired the Republic of South Africa’s nationality. While operating a store in the South Africa, the Plaintiff was threatened several times by assault, intimidation, etc. on the ground that he is a foreigner from black defect.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the grounds of race, religion, nationality, membership of a specific social group or political opinion.

(b)(1) Determinations: (a) Article 2 Subparag. 1 of the Refugee Act; and (b) a refugee means a foreigner who, owing to well-founded fears recognizing that he/she is likely to be detrimental on the ground of race, religion, nationality, status as a member of a particular social group or political opinion, is unable or does not want to be protected from the country of nationality; or due to such fears, resides in Korea before entering

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