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(영문) 서울행정법원 2018.03.15 2018구단1896

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 August 18, 2016, the Plaintiff, an alien of Egypt nationality, entered the Republic of Korea as a tourism and Tong (B-2) sojourn status on August 18, 2016, and stayed, and applied for refugee status to the Defendant on August 31, 2016.

B. On September 27, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 20, 2016, but the objection was dismissed on October 11, 2017, and the Plaintiff received a notice of dismissal decision on November 10, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened with murder by the former avoidance on the ground that he/she divorced from the former denial on the ground that he/she was divorced from the latter at Egypt, and was committed by the police on the ground that he/she was making a false accusation from the police.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a 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 a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

At this time, the foreigner is entitled to receive.