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(영문) 서울행정법원 2018.04.04 2017구단37447
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 October 4, 2016, the Plaintiff filed an application for refugee status with the Defendant as a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”).

B. On February 22, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff was a person with a sufficient well-founded fear that the Plaintiff would be injured by gambling.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on March 29, 2017, but the Minister of Justice dismissed the objection on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserts that, from 2006 to 2013, the Plaintiff would be subject to intimidation once again, on the ground that the Plaintiff was threatened by the members of the Muslim management task group on the grounds that the Plaintiff did not provide the funds to purchase arms from the members of the Muslim management task group (hereinafter “Uslim management group”) and that the Plaintiff was aware of various crimes he committed, so if the Plaintiff returned to Estegypt, it would be subject to suslim management again.

B. Therefore, Article 2 subparag. 1 of the Refugee Act defines “Refugee” as “a foreigner who is unable or does not want to be protected due to a well-founded fear to recognize that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular 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.” According to the above provision, in order to be recognized as a refugee, the gambling claimed by the refugee applicant is the kind, religion, or religion of the refugee applicant.”

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