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(영문) 서울행정법원 2016.05.20 2016구단226

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 March 16, 2015, the Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea with the visa of the Tourism Department (B-2). On April 21, 2015, the Plaintiff applied for refugee recognition to the Defendant.

B. On April 30, 2015, 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. On May 26, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted from around 2009 that the Plaintiff attempted to open the Plaintiff’s argument to a sleep. However, the Plaintiff opposed to the Plaintiff’s rejection, and the Plaintiff’s omission was threatening to report to a sleep organization unless it returned to a sleep.

In the event that the plaintiff returned to his own country, despite the possibility of persecutioning on the ground that he was married to his own country, the disposition of this case which did not recognize the plaintiff as a refugee is 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 Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which serves as the requirement for recognition of refugee status is serious infringement of the essential human dignity, including threats to life, body or freedom.