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(영문) 서울행정법원 2017.06.29 2017구단12981
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 January 22, 2015, the Plaintiff, a foreigner of Egypt nationality, entered the Republic of Korea as a sojourn status of tourism and Tong (B-2) and stayed, and applied for refugee status to the Defendant on February 3, 2015.

B. On January 21, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that 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.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 27, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on February 1, 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’s assertion was made by frequent visits to the stores operated by the members of the Muslim management task group, and was detained in Egypt police and was investigated as a member of the Muslim management task group.

In the event that the plaintiff returns to his country, there is a risk of being reduced.

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 provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term “persecution” to be received by the foreigner.

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