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(영문) 서울행정법원 2017.05.17 2017구단4843

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 May 12, 2015, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on May 12, 2015, and applied for refugee status to the Defendant on June 2, 2015.

B. On June 24, 2016, 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. The Plaintiff appealed and filed an objection with the Minister of Justice on July 13, 2015, but the Minister of Justice dismissed the Plaintiff’s objection on September 9, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff was demanded to print the half-government leaflet while operating the reproduction house that was taken by his father.

However, since the plaintiff refused it, the plaintiff is threatened with life threats from the Muslim punishment group.

Therefore, if the plaintiff returned to Egypt, there is a risk of persecution, and even if the plaintiff did not recognize the plaintiff as a refugee, the disposition of this case should be deemed unlawful.

B. 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 who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea.