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(영문) 서울행정법원 2017.01.19 2016구단28767
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 entered the Republic of Korea as a national of the Republic of Egypt (B-2) and applied for refugee status to the Defendant on May 19, 2015.

B. On November 11, 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 that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On December 16, 2015, the Plaintiff filed an objection with the Minister of Justice on December 16, 2015, but was rendered a final decision dismissing the Plaintiff’s application on May 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion that the plaintiff's plaintiff's birth is a member of the slick-type group, and the plaintiff has concealed his slick-type birth in the house where the plaintiff died.

The police knew this, the plaintiff was found in the house where he was living and was located in the private village, and the plaintiff continued to find it in the house where he was living.

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

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

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

(c).

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