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(영문) 서울행정법원 2017.05.18 2017구단50891
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 15, 2015, the Plaintiff entered the Republic of Egypt (hereinafter referred to as “Egypt”) as a foreigner of the nationality of the Republic of Egypt (hereinafter referred to as “Egypt”) and filed an application for refugee status with the Defendant on February 1, 2016, after the expiration of the period of stay (B-2, December 15, 2015).

On March 30, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On April 15, 2016, the Plaintiff filed an objection with the Minister of Justice on April 15, 2016, but was dismissed on October 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The main point of the Plaintiff’s assertion was that the Plaintiff joined the Non-Sllim-type group.

As a result of withdrawal, an unslock group assaults the plaintiff several times by threatening him to join again, and the plaintiff has become a member of the plaintiff.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though it is likely that the plaintiff might be stuffed by the Muslim model group for the same reason.

(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are unable to be protected of the country of nationality or do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.

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