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(영문) 서울행정법원 2019.11.15 2019구단14882
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 is a foreigner of Egypt nationality.

On December 1, 2016, the Plaintiff applied for refugee recognition to the Defendant on November 15, 2017, after the expiration date of the period of stay ( December 31, 2016), when entering and staying in the Republic of Korea as a sojourn status for tourism and Tong (B-2).

B. On June 25, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on August 6, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on May 27, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff died from his family member of his own country who died of nine sons who died of the Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’s son’s.

Therefore, even though there is a well-founded fear that the plaintiff would be stuffed when he returns to Egypt, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked because it is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice is either a foreigner who is unable to be protected or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or a foreigner who does not want such protection of the country of nationality.

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