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(영문) 서울행정법원 2016.11.24 2016구단15372
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 September 5, 2015, the Plaintiff entered the Republic of Korea as a national of the Republic of Egypt (B-2) and applied for refugee status to the Defendant on January 4, 2016.

B. On January 14, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).

C. On January 25, 2016, the Plaintiff filed an objection with the Minister of Justice on January 25, 2016, but was rendered a final decision dismissing the Plaintiff’s application on May 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion is Muslim, but in the country of nationality, the Plaintiff has been loved with a female who is a slock, and female’s family members opposed to marriage and tried to find the Plaintiff and die several times, and subsequently assaulted the Plaintiff after the Plaintiff left the place of harm.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(b) The definitions of terms used in this Act shall be as follows:

1. The term “refugee” means a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (hereinafter referred to as “or the country in which he/she resided”).

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