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(영문) 서울행정법원 2016.08.25 2016구단10476

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 April 8, 2015, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Egypt (B-2) and applied for refugee status to the Defendant on May 12, 2015.

B. On June 16, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).

C. On July 2, 2015, the Plaintiff filed an objection against the instant disposition with the Minister of Justice on July 2, 2015, but a ruling dismissing the Plaintiff’s objection was rendered on April 4, 2016.

【Reasons for Recognition】 Entry of Evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that, while working as a member of the Muslim group in the country of nationality, the Plaintiff carried out an election campaign for the former president to be elected as the president on August 201, 201.

Since then, Sllim-type group requested the Plaintiff to participate in illegal activities, such as installing or threatening people with heavy carbon, and rejected it by the Plaintiff. Since August 2014, the group threatened the Plaintiff by finding the Plaintiff’s house in his house and committing fire prevention in his house.

The disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution in the country of nationality for political reasons.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear that he/she may be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or by such fear.