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(영문) 서울행정법원 2018.08.09 2018구단11039
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 entered the Republic of Korea as a foreigner of the nationality of the Republic of Egyp of Egyp (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”) on June 17, 2017.

B. On August 21, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on August 30, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition on September 8, 2017, and filed an objection with the Minister of Justice. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff filed an application for recognition of refugee status in order to help his family's livelihood while staying in the Republic of Korea as the economic situation of Egypt is not good, and that the defendant's disposition of this case which was not accepted should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a foreigner may not be protected 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 particular social group, or political opinion, or a foreigner who is unable or does not want to be protected by the country of nationality due to such fear to return to the country in which he/she had resided before entering the Republic of Korea.

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