(영문) 서울행정법원 2019.01.25 2018구단75705

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(영문) 서울행정법원 2019.01.25 2018구단75705

난민불인정결정취소

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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 November 12, 2016, the Plaintiff, a national of the Republic of South Africa, entered the Republic of Korea with tourism Tong (B-2) sojourn status on November 12, 2016, and applied for refugee status to the Defendant on November 18, 2016.

B. On December 20, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 refugee requirement 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 was notified of the instant disposition on January 3, 2018, and filed an objection with the Minister of Justice on January 24, 2018, but the said objection was dismissed on September 3, 2018.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 (including additional numbers), Eul 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The remaining African Republic of South Africa’s assertion that the Plaintiff was a foreigner-suspected crime. The Plaintiff, who was married with a foreign woman of Mara nationality, was an act of criticisming Mana, such as participating in the demonstration against Manasberg open in 2014. Accordingly, the Plaintiff was threatened with murder by a foreign-suspects.

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” refers to 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 by such fear to return to the country in which he/she had resided before entering the Republic of Korea,

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