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(영문) 서울행정법원 2017.08.25 2017구단19166
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 September 18, 2015, the Plaintiff, as Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on September 18, 2015, and applied for refugee status to the Defendant on October 12, 2015.

B. On April 21, 2017, 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 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.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is under threat by the Unslater on the ground that the Plaintiff reported the crime to the security authority of the Unslateral Zone.

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. Determination 1) “Refugee” refers to 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, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act). The term “persecution” which constitutes the requirement for refugee status refers to “an act causing serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom,” and an application for refugee status must be attested by a foreigner who applies for refugee status.

Supreme Court on April 2013

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