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(영문) 서울행정법원 2016.11.09 2016구단19091
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. The Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea with the visa of the Tourism Department (B-2) on November 1, 2014, and applied for refugee status to the Defendant on November 21, 2014.

B. On June 12, 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 July 8, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on May 31, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was forced to join the organization and provide economic support from terrorism lists, which appear to be a slive group in Egypt, and that the Plaintiff refused to do so, the terrorists were fired on the part of the automobile parts of the Plaintiff’s work, and murdered one of the Plaintiff’s relatives.

Currently, Egypt is very confused with political disputes, and it is difficult to seek a stable workplace due to unstable economic circumstances.

As such, the instant disposition that the Plaintiff is unable to obtain the protection of the country of nationality or does not want the protection of the country of nationality, and even if the Plaintiff’s return to the country of nationality is apprehended to be persecution, is unlawful.

B. 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, the protection of nationality countries due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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