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(영문) 서울행정법원 2017.05.24 2017구단5150
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 January 10, 2016, the Plaintiff entered the Republic of South Africa (B-2) and applied for refugee status to the Defendant on March 22, 2016 after entering the Republic of Korea as an alien of South Africa’s nationality.

B. On April 11, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff appealed and filed an objection with the Minister of Justice on May 17, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.

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

2. Whether the disposition is lawful;

A. The Plaintiff’s summary of the Plaintiff’s assertion was the Chairperson of the taxi association, which was a conflict between the competitive taxi association and the road use.

At present, the plaintiff is also threatened with the same risk of murder.

Therefore, in the event that the Plaintiff returned to the Republic of Korea, there is a risk of persecution, and the instant disposition, which did not recognize the Plaintiff as a refugee, should be deemed unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, are unable to return to or want to return to the country of nationality that had resided before entering the Republic of Korea.

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