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(영문) 서울행정법원 2017.05.26 2017구단3147
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 July 1, 2014, the Plaintiff, as a Egypt nationality, entered the Republic of Korea with the tourism Tong (B-2) sojourn status on July 1, 2014, and applied for refugee status to the Defendant on November 3, 2015.

B. On November 24, 2015, 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 refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on December 4, 2015, but the said objection was dismissed on the same ground as October 27, 2016.

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

2. Whether the instant disposition is lawful

A. On June 30, 2013, the Plaintiff’s assertion participated in various demonstrations, including the Plaintiff’s participation in the demonstration demanding the return of B, and on this ground, Egypt Police tried to arrest the Plaintiff as a member of Egypte.

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. 1) The term “refugee” means 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 a foreigner who is a stateless foreigner who is unable 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) and who is a requirement for the recognition of refugee status, including a threat to life, body, or freedom.

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