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(영문) 서울행정법원 2017.10.19 2017구단67448
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 July 25, 2016, the Plaintiff filed an application for refugee status with the Defendant on August 5, 2016, while entering the Republic of South Africa (hereinafter “Nam Africa”) and staying in the Republic of Korea as a non-Visa (B-2) sojourn status on July 25, 2016.

B. On February 28, 2017, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized “ sufficiently based fears that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On March 7, 2017, the Plaintiff filed an objection with the Minister of Justice on March 7, 2017, but rendered a final decision to dismiss the Plaintiff’s application on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion was that the Plaintiff acquired the remaining public nationality from Pakistan and operated Mat in the remaining public domain. However, around July 2016, the Plaintiff had been deprived of and threatened from the criminal suspect who was on two occasions.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be stuffed due to the above circumstances is high in case the plaintiff returned to the remaining public.

B. In full view of the following circumstances revealed by adding up the above facts of recognition and the purport of the evidence No. 3 and the entire pleadings, it is insufficient to deem that the Plaintiff has a sufficiently-founded fear of persecution, and there is no other evidence to acknowledge this otherwise.

The defendant's disposition of this case is legitimate.

The suspicion and attack against foreigners in the remaining public sector is a universal social issue existing in the remaining public sector, and the remaining public government has made a lot of efforts to solve the problems, so the plaintiff suffers persecution.

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