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(영문) 서울행정법원 2017.08.11 2017구단14284
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the process of the disposition, the following facts are without any dispute as to the rejection of the decision of the decision of the court on October 24, 2016 as of the date of the application for refugee status recognition (B-2) filed on August 18, 2016, and (B-2) on September 21, 2016 on the date of the application for refugee status recognition (hereinafter “instant disposition”): The facts that there is no ground for the rejection of the decision of the court on February 24, 2017 as of the date of the application for objection that there is no sufficient ground for recognizing refugee status non-recognition: the records in subparagraphs 1, 2, and 1, 2, and 1 and 2, and the purport of the entire pleadings, as of the date of the decision of the court on October 25, 2016.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the South African Republic of South Africa (hereinafter “ South Africa”).

The crime of hates against South Korean defectors is spreading.

The plaintiff became the object of a foreign-suspect crime in the Republic of Korea due to the birth of Pakistan.

The Plaintiff entered the Republic of Korea regardless of the harm sustained by the threat as above.

As such, the Plaintiff’s return to South Korea is likely to be detrimental to persecution, and thus, the Plaintiff should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “a foreigner who is unable to be protected 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, membership of a specific social group, or political opinion, or who is a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided in the Republic of Korea before entering the Republic of Korea.” 2) The above evidence and evidence as indicated in subparagraph 3, 6, 7-1, 2, and 8 are revealed by adding the whole purport of the pleadings to the following circumstances. In full view of the above circumstances, the Plaintiff has “a well-founded fear that is likely to be persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.”

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