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(영문) 서울행정법원 2017.06.28 2016구단32865
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 is a minor child B of the same nationality as a foreigner of Egypt nationality.

B. The Plaintiff entered the Republic of Korea on December 14, 2014 and applied for refugee status to the Defendant on December 15, 2014.

B. On March 10, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

On April 12, 2016, the Plaintiff filed an objection with the Minister of Justice. However, on October 27, 2016, the Plaintiff’s objection was dismissed.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s mother, who is the Plaintiff’s mother, is subject to religious stuff in his/her home country since he/she was dissatisfyed into a la

Plaintiff

In addition, refugee should be recognized in accordance with the principle of family combination.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and thus, a foreigner applying for recognition of refugee status is “a decent fear” subject to such persecution.

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