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(영문) 서울행정법원 2016.10.27 2016구단21360
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, a national of the Republic of Egypt, entered the Republic of Korea as a visa (B-2) on June 12, 2014, and applied for refugee status to the Defendant on August 26, 2014.

B. On October 30, 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 November 13, 2015, the Plaintiff filed an objection with the Minister of Justice on November 13, 2015, but was rendered a final decision dismissing the Plaintiff’s application on June 30, 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 did not engage in a special activity in the country of nationality as a Muslim type group. However, the police has been on April 2014 on the ground that the Plaintiff was a member of Muslim type group.

Since then, there has not been no other police finding, but currently, in the country of nationality, the arrest and detention takes place only on the ground that the state of nationality is a slick-type organization, and the plaintiff is in danger of being arrested when he returns to the country of nationality.

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. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or by such fear.

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