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(영문) 서울행정법원 2017.11.30 2017구단32015
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 January 19, 2016, the Plaintiff filed an application for refugee status with the Defendant on February 1, 2016, while entering the Republic of Korea as a foreigner with Egypt nationality of Egypt status of stay (B-2) and staying in the Republic of Korea.

B. On March 29, 2016, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) 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.

C. On April 8, 2016, the Plaintiff filed an objection with the Minister of Justice on April 8, 2016, but rendered a final decision to dismiss the Plaintiff’s application on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion is that the Plaintiff is Muslim, and the female head of the school is a fluorian, and the female head of the school threatens to kill the Plaintiff by opposing the Plaintiff’s religious system.

Therefore, if the Plaintiff returned to Egypt, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it is highly likely that the Plaintiff might be stuffed due to the above circumstances.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The reason for persecution alleged by the Plaintiff is that “the Plaintiff is threatened with murder from the punishment of female-friendly women who dissent from the teaching system of the Plaintiff and female-friendly women.” Even if the Plaintiff’s assertion is acknowledged, this is a private threat, and the Egypt Government impliedly accepts the act of persecution by a private person for the foregoing reasons.

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