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(영문) 서울행정법원 2019.06.11 2018구단22695

난민불인정처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts are: (a) the tourism channel of sojourn status on October 10, 2016, and (b) the refugee recognition application (hereinafter “instant disposition”) on October 31, 2016, the date of application for refugee status recognition as of October 31, 2016; (b) the reason for refugee non-recognition as of July 6, 2017, the date of application for the decision of decision of decision of July 21, 2017: The fact that there is no ground for rejection of the decision of decision of September 3, 2018 as of July 21, 2017; (c) the facts that there is no ground for rejection of the decision of decision of decision of September 3, 2018; (d) the statements in subparagraphs 1 through 2, 2

2. Whether the instant disposition is lawful

A. On February 2016, the Plaintiff’s assertion was arrested as a member of the B organization, on the grounds that he participated in the anti-government demonstration, and was released at 60 days.

In addition, while operating the enterprise, the Plaintiff was indicted with a cover of the name of the Plaintiff to prevent the Egypt government from doing so.

In order to avoid such persecution, the instant disposition that did not recognize the Plaintiff as a refugee despite the application for recognition of refugee status was 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 Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

Shelled Shells, B. 3.