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(영문) 서울행정법원 2017.05.26 2017구단3277

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. The details of the disposition are as follows: (a) the tourism channel of sojourn status on March 13, 2016 and the refugee status application (B-2) on March 23, 2016 (hereinafter “instant disposition”) on the date of application for refugee status recognition (hereinafter “instant disposition”) on March 23, 2016; (b) there is no dispute that there is no ground for rejection of the decision made on October 27, 2016 on the date of application for objection that there is no sufficient ground for rejection of the decision made on July 8, 2016; (c) the facts that there is no ground for rejection of the decision made on October 27, 2016 on the date of application for objection; (d) the statements in subparagraphs 1, 2, 1, and 2; and (e) the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Egypt Republic of Egypt (hereinafter "Egypt").

On August 2013, the Plaintiff participated in the demonstration organized by the Muslim blackout group, and the police in charge of this was found to be a house to arrest the Plaintiff.

In order to avoid the arrest of the police, the plaintiff went to another place after leaving the house, is married at this place, and gets married.

However, the plaintiff could not find a job even after being arrested, and therefore, it was difficult for the plaintiff to maintain family's livelihood.

Accordingly, the Plaintiff entered the Republic of Korea regardless of Egypt.

As such, since the Plaintiff’s return to Egypt is likely to be detrimental to gambling, the Plaintiff ought to be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “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, membership of a particular social group, or political opinion, or who is a stateless foreigner who, due to such fear, could not return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” 2) The aforementioned evidence and evidence set forth in subparagraph 4 are as follows.