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(영문) 서울행정법원 2016.09.09 2016구단10650
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 March 4, 2014, the Plaintiff entered the Republic of Korea as a foreigner of Egypt nationality, and applied for refugee status to the Defendant on September 16, 2015.

B. On October 13, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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. As to this, the Plaintiff filed an objection with the Minister of Justice on October 26, 2015, but was dismissed on March 23, 2016.

[Reasons for Recognition] The entry of evidence Nos. 1 to 3 and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made on the ground that he associates with a woman-friendly Gu, a woman-friendly Gu, as a sleep, around 2013, on the ground that he/she was assaulted by her mother-child relationship, and thereafter, she was threatened with murder by her woman-friendly Gu, a woman-friendly Gu, who was aware of the fact that she had fledd with her mother-child Gu.

If the plaintiff returned to Egypt, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility that the plaintiff might be stuffed on the ground of his status as a member of a religion or a specific social group.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or do 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, should be recognized as a refugee, and “persecution” which serves as a requirement for recognition of refugee.

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