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(영문) 서울행정법원 2018.09.19 2018구단14281
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 October 28, 2016, the Plaintiff was a foreigner of Egypt nationality, and entered the Republic of Korea as a tourism and Tong (B-2) sojourn status on October 28, 2016, and applied for refugee status to the Defendant on November 18, 2016.

B. On July 10, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff 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 Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on August 14, 2017, but was dismissed on March 21, 2018.

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

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion lies in the situation in which, in Egypt, the Plaintiff argued that he/she had a knife against B, the debtor, and inflicted an injury on his/her shoulder, and the Plaintiff was indicted for attempted murder and issued a detention warrant from the Egypt court.

Therefore, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling by executing a detention warrant when the Plaintiff returned to Korea with Egypt, the instant disposition that did not recognize it on a different premise is unlawful.

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 particular social group, or political opinion, or a stateless 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 (see Article 2 subparag. 1 of the Refugee Act). Meanwhile, the requirements for recognition of refugee status are met.

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