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(영문) 서울행정법원 2019.06.20 2019구단56886
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 March 5, 2017, the Plaintiff entered the Republic of South Africa (B-2) as a foreigner of the nationality of the Republic of South Africa, and applied for refugee status to the Defendant on March 31, 2017.

B. On June 5, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that, as to the Plaintiff, it cannot be recognized as a “founded well-founded fear of being injured” 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.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on July 2, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion in the South Africa, on the grounds that the father of the plaintiff was from the Republic of South Africa the Republic of South Africa accompanied the plaintiff's house windows and caused a hole in the car breaking. The plaintiff was threatened by the plaintiff's living place, and the strong land of the plaintiff was killed or the house of the plaintiff was cut off, and the company was discriminated against by the threat from the rent.

Therefore, although the plaintiff escaped from the Kingdom of Lestoma, the plaintiff was threatened by the plaintiff's return to the Republic of South Africa from the natives of Lee Dong-dong.

Therefore, when the Plaintiff returned to the Republic of South Africa, the Plaintiff constitutes a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she is likely to be injured on the ground that he/she is nationality or a member of a specific social group, but on the other premise, the instant disposition should be revoked on the other premise.

B. Determination 1 “Refugee” is a race, i.e., a refugee.

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