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(영문) 서울행정법원 2017.04.28 2017구단476
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the process of the disposition, the following facts are: (a) there is no dispute over the grounds for recognizing the rejection of the decision made on October 27, 2015 on the date of the application for refugee status recognition (B-2) on November 15, 2014; (b) the date of the application for refugee status recognition (hereinafter “instant disposition”) on July 9, 2015; (c) there is no sufficient ground for recognizing the rejection of the decision made on December 11, 2015; (d) there is no ground for recognizing the rejection of the decision made on October 27, 2016 as of the date of the application for objection; (e) Gap’s evidence Nos. 1, 2, Eul’s evidence No. 1, 2, and 3; and (e) the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Egypt Republic of Egypt (hereinafter "Egypt").

On January 201, 201, the Plaintiff joined the Muslim blackout group, and withdrawn from the suslimout group after the Empic Revolution that occurred on January 201, 201. Since the Empic Revolution, the Plaintiff was threatened with murder from those on the side of the Muslimout group more than 10 times.

The Plaintiff entered the affected Republic of Korea.

As such, since the Plaintiff’s return to Egypt is likely to be detrimental to gambling, the Plaintiff ought to be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or a foreigner who is a state of nationality unable 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.” 2) In full view of the following circumstances revealed by adding up the overall purport of the arguments and the following circumstances, the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.”

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