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(영문) 서울행정법원 2017.07.21 2017구단13175
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 22, 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 July 22, 2016, and applied for refugee status to the Defendant on August 1, 2016.

B. On August 22, 2016, the Defendant rendered a decision on the 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 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.

C. The Plaintiff was notified of the instant disposition on August 30, 2016, and filed an objection with the Minister of Justice on September 28, 2016, but the said objection was dismissed on the same ground as the Plaintiff was on February 24, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff moved from Pakistan to the South Africa Republic around 1998, and acquired the nationality of the South Africa Republic around 2004.

However, in the South Africa, foreigners' hate crimes frequently occur, and the plaintiff is also suffering from robbery that causes money, cell phones, and wallets several times from foreigners' suspects (xenophoba), and is threatened with murder.

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 particular social group, or political opinion, or a foreigner who is unable or does not want to be protected, or a country in which he/she resided before entering the Republic of Korea due to such fear.

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