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(영문) 서울행정법원 2016.10.12 2016구단17972
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 entered the Republic of Korea on May 27, 2014 with the nationality of the Republic of Egypt (hereinafter “Egypt”) as a foreigner of the Republic of Egypt (hereinafter “Egypt”), and applied for refugee recognition to the Defendant on January 19, 2016.

B. On January 29, 2016, the Defendant issued a disposition to recognize 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. On February 29, 2016, the Plaintiff filed an objection with the Minister of Justice on February 29, 2016, but the said objection was dismissed on June 30, 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion did not match the Plaintiff’s private village, which is a non-slocking member, with 2 members of the non-slocking model group. Two members of the non-slocking group found in the Plaintiff’s house, and transported the Plaintiff’s private village and the Plaintiff’s private village.

In this day, the perpetrator is in prison, and the remaining one is threatening to kill the plaintiff when the plaintiff returned to Egypt.

Therefore, the disposition of this case which the Plaintiff did not recognize as a refugee despite the possibility of persecution in the event that the Plaintiff returned to his own country for the said reasons is unlawful.

B. 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 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 not entitled to protection of the country of nationality or do not want protection of the country of nationality, or due to such fear.

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