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(영문) 서울행정법원 2017.06.29 2017구단14062
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 October 15, 2010, the Plaintiff, a foreigner of Egypt nationality, entered the Republic of Korea with tourism and Tong (B-2) sojourn status on October 15, 2010, and stayed, and applied for refugee status to the Defendant on September 8, 2015.

B. On November 11, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff 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. On December 21, 2015, the Plaintiff received a notice of decision to recognize refugee status on December 21, 2015.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 22, 2015, but the objection was dismissed on April 21, 2017, and the Plaintiff received a notice of dismissal decision on April 28, 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 alleged that Egypt received intimidation from an organization whose name is unknown to return money and to join that organization, and then received intimidation from the plaintiff who was found in the factory that the plaintiff worked to be a member of the organization to forcibly take away the goods and to continue to join the organization.

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

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