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(영문) 서울행정법원 2015.07.09 2015구합2598
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 June 21, 2012, the Plaintiff entered the Republic of South Africa as a foreigner of the Republic of South Africa’s nationality and stayed in the Republic of Korea with tourism route (B-2) status on June 21, 2012, and applied for refugee status to the Defendant on February 14, 2013, after the expiration of the period of stay on July 21, 2012.

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’s assertion does not constitute a case of “a well-founded fear that would be prejudicial to 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.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on March 19, 2014, but the Minister of Justice dismissed the said objection on December 16, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was from the Republic of Ghana (Rona, hereinafter “A”), and the Plaintiff transferred to the Republic of Ghana around 1997 and acquired the remaining public nationality around 2005.

원고는 포트 엘리자베스 이스턴에서 펍(pub)을 운영하고 있었는데, 신원을 알 수 없는 남아공 사람들이 2012. 4. 10. 위 가게에 와서 막대기, 총 등을 들고 원고에게 외국인은 나라를 떠나라고 하면서 위협을 하였고, 가게 내 기물을 부수었다.

In addition, on June 15, 2012, the remaining people were misunderstanding the plaintiff's friendship who drives the plaintiff's vehicle on the ground of the misunderstanding of foreigners, and murdered.

Therefore, in the event that the plaintiff returned to the Republic of Korea, there is a well-founded fear from the remaining public officials on the grounds of a misunderstanding of foreigners, which was made on a different premise.

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