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(영문) 서울행정법원 2017.09.15 2017구단67684
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 13, 2016, the Plaintiff, a national of the Republic of South Africa, entered the Republic of Korea with the Tourism Tong (B-2) sojourn status on September 13, 2016, and applied for refugee status to the Defendant on October 4, 2016.

B. On April 25, 2017, 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.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he had been married with a female of the South Africa and acquired the nationality of the South Africa, but continued to be stuffed due to a foreign-suspected crime committed by the natives of the South Africa.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is not able to return to, or does not want to return to, the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 Subparag. 1). 2 of the Refugee Act), which is the requirement for the recognition of refugee status, refers to “an act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” Thus, such fear is sufficient.

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