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(영문) 서울행정법원 2016.04.15 2015구단18732
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 December 20, 2013, 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 January 7, 2014.

B. On January 26, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On January 30, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened with murder from the members of the relevant local council on the ground that the Plaintiff was asked to join the Mangoma, a confidential local council, from the third village, and refused to join it.

In the event that the Plaintiff returns to his home country, a person who has a well-founded fear that he would be subject to assault, intimidation, or murder for the said reason constitutes a refugee. The instant disposition taken by the Defendant on a different premise is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is threats to life, body, or freedom.

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