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(영문) 서울행정법원 2017.05.26 2017구단6337
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 May 20, 2014, the Plaintiff, as Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on May 20, 2014, and applied for refugee status to the Defendant on May 27, 2014.

B. On January 31, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a person without a personal opinion, and a person engaged in missionary activities (such as a person without a personal opinion, etc.) threatens the plaintiff on the ground that he/she does not believe his/her religion.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is not able to return to, or does not want to return to, the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1). 2 of the Refugee Act), which is a requirement for recognition of refugee status, refers to “an act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom,” and an applicant for recognition of refugee status is a foreigner who makes such fear.

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