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(영문) 서울행정법원 2018.10.17 2018구단62983
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 December 14, 2016, the Plaintiff entered the Republic of Korea as an alien of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”), and applied for refugee status to the Defendant on December 28, 2016.

B. On June 1, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “a sufficiently well-founded fear of 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 18, 2017, but was dismissed on December 7, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was the Plaintiff, but the Plaintiff did not have any religion any longer regardless of Islamic bridge, and knew it to the Plaintiff, etc.

Since March 2016, the fact that the Plaintiff left Islamic schools was widely known, and it was also subject to homicide or collective sacrifies from those who have lost their names from March 2016.

Therefore, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling when returning to Egypt, the instant disposition taken on a different premise is unlawful.

(b) In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is not entitled to protection of the country of nationality or does not want protection of the country of nationality, or due to such fear, before entering the Republic of Korea.

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