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(영문) 서울행정법원 2016.06.09 2016구단5221
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 on January 2, 2014 as a national of the Republic of Egypt (B-2).

After that, the Plaintiff extended the period of stay on May 17, 2016 and extended the period of stay on September 13, 2016.

B. On June 13, 2014, the Plaintiff was suffering and living in sleep women and children, but the Plaintiff filed a refugee application on the ground that the wife’s family members who opposed to marriage with sleeps knew of living conditions and sought to kill the Plaintiff, but on June 22, 2015, the Defendant rendered a disposition not to recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in the Refugee Convention and the Refugee Protocol (hereinafter below, the instant disposition was taken).

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on July 17, 2015, but was rendered a judgment dismissing the objection on December 14, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion is that the Plaintiff, as a slovasist, was a slovasist, married with his wife on 201, and was registered with and living in a church, and the wife’s male students in the slovas group were found and assaulting the Plaintiff’s family members, and asked the Plaintiff’s whereabouts.

The plaintiff reported to the police several times, but he did not take any measure. If the plaintiff returns to his country, he will be killed by the Muslim group.

Nevertheless, the instant disposition issued on a different premise is unlawful.

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

1. “Refugees” shall be understood as being stuffed on the ground of race, religion, nationality, status as a member of a particular social group or political opinion.

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