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(영문) 서울행정법원 2018.08.17 2018구단62235
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. The Plaintiff, who is a national of the Republic of South Africa, entered the Republic of Korea with visa exemption (B-1) on October 27, 2016, and applied for refugee status to the Defendant on November 21, 2016.

B. On May 29, 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 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 filed an objection with the Minister of Justice on June 26, 2017, but the said objection was dismissed on the same ground as March 21, 2018.

[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’s assertion was originally originated from Hungary, and around 1999, the Republic of South Africa transferred to the South Africa and acquired the nationality of the South Africa around 2010.

However, the South African Republic of South Africa had been attacked several times by B, which committed a crime against foreigners while operating the page.

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 harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea (Article 2 of the Refugee Act).

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