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(영문) 서울행정법원 2019.07.17 2019구단6799
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 April 8, 2017, the Plaintiff entered the Republic of South Africa as a foreigner of the South Africa (hereinafter “Nam Africa”), and applied for refugee status to the Defendant on May 4, 2017, by entering the Republic of Korea as a tourism route (B-2) sojourn status.

B. On September 21, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on November 2, 2018, but the Minister of Justice dismissed the objection on April 10, 2019.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap's evidence of subparagraphs 1 through 4, and Eul's evidence of subparagraphs 1 through 4, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is in conflict with a female-friendly Gu living together in the South Korean national nation. The female-friendly Gu threatened the Plaintiff on the ground that it did not refuse to be the Plaintiff and the Hague, and assault and threaten the Plaintiff in total by assaulting another person.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, “Refugee” means a foreigner who, owing to well-founded fear of being recognized as being detrimental to the protection of the country of nationality, is unable or does not want to be protected on the ground of race, religion, nationality, membership of a particular social group, or political opinion, or a non-national who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea.

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