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(영문) 서울행정법원 2017.09.21 2017구단22407
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 July 19, 2016, the Plaintiff, an alien of Egypt nationality, entered the Republic of Korea as the status of stay for tourism and Tong (B-2) and stayed, and applied for refugee status to the Defendant on August 2, 2016.

B. On September 7, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on September 30, 2016, but the objection was dismissed on April 21, 2017, and the Plaintiff received a notice of dismissal decision on May 12, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that Egypt was detained in the Security Bureau for the reason that the plaintiff was a member of Egypt’s Additional Egypt.

In the event that the plaintiff returns to Egypt, there is a risk of long-term depreciation.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner is against life, body or freedom.

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