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(영문) 서울행정법원 2017.04.21 2017구단3451
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. The Plaintiff, a Egypt nationality, entered Korea on April 24, 2014, and applied for refugee status to the Defendant on August 22, 2014.

B. On November 11, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on November 18, 2015, but the said objection was dismissed on the same ground as October 27, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul evidence and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion made an act of opposing the Mountainous Districts (broadcasting and writing articles) while working at the press, and the Plaintiff’s presentation threatened the Plaintiff, who is an external Easter, to die if the Mountainous Districts did not discontinue the Plaintiff’s activities. However, the Plaintiff’s presentation continued against the Mountainous Districts.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a requirement for the recognition of refugee status, is life and body.

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