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(영문) 서울행정법원 2018.03.16 2017구단29767
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: (a) the Tourism Center of the Republic of Korea on April 14, 2016 (B-2) the date of entry into the Republic of South Africa of the Republic of Korea on April 14, 2016 and (b-2) the date of the application for refugee status recognition (hereinafter “instant disposition”) and February 2, 2017, the date of May 9, 2016 of the date of the application for refugee status recognition (hereinafter “instant disposition”); (b) the fact that there is no dispute over the grounds of recognition of the decision to dismiss the decision on March 15, 2017 as of the date of the application for objection, and the purport of the entire pleadings, as described in subparagraphs 1, 2, 1 and 2, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is 3 years of age in India, who is a national of the South Africa Republic (hereinafter “ South Africa”).

Since 2014, the Plaintiff operated food store in the remaining public sector.

South public officials are currently committing hates against foreigners, and the plaintiffs also became subject to hates against foreigners.

South Korean and South Korean people found the plaintiff's shop, forced the plaintiff to leave his shop, and assault the plaintiff.

Accordingly, the plaintiff has left the Republic of Korea to leave the Republic of Korea.

As such, if the Plaintiff returned to the Republic of Korea, it should be recognized as a refugee since there is a risk that the Plaintiff may also threaten from the local people.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee 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 particular social group, or political opinion, or who is a stateless foreigner who, due to such fear, is unable to return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” In full view of the following circumstances revealed by adding up the evidence and evidence set forth in subparagraph 3, 4-1, and 2 of the evidence set forth in subparagraph 4, and the purport of the entire argument, the Plaintiff is a race, religion, nationality, and nationality.

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