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(영문) 서울행정법원 2018.10.26 2018구단16102
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts: (a) the tourism channel of sojourn status on December 2, 2016, and (b-2) the application for refugee status recognition (hereinafter “instant disposition”) on January 16, 2017, the date of the application for refugee status recognition (hereinafter “instant disposition”) made on August 8, 2017; (b) there is no dispute over the rejection of the decision made on August 14, 2017; (c) there is no ground for the determination of the decision made on March 21, 2018, as of the date of the application for objection; (d) there is no ground for the determination of the decision made on March 21, 2018; (e) evidence Nos. 2, 3, and 4-1; and (e) the purport of the entire pleadings; and (e) the purport

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Egypt Republic of Egypt (hereinafter "Egypt").

The plaintiff was engaged in activities, such as putting in C a letter opposing the Egypt Government, along with the friendships who are the organizations B, and thereby, was threatened by those who oppose B organizations and support Egypt Government.

Accordingly, the plaintiff has been in the Republic of Korea regardless of Egypt.

If the plaintiff returned to Egypt, he/she should be recognized as a refugee because he/she is likely to be threatened.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable or does not want to be protected by the country 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 specific social group, or political opinion, or who, due to such fear, cannot return to, or does not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea.” Meanwhile, “persecution” which serves as a requirement for recognition of a refugee refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” 2) The aforementioned evidence and the statement in the evidence No. 3 as well as the statement in the evidence No. 3 as seen below.

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