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(영문) 서울행정법원 2016.11.29 2016구단22103
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 national of the Republic of Egypt, entered the Republic of Korea as a non-Visa (B-2) on March 20, 2015, and applied for refugee status to the Defendant on September 9, 2015.

B. On November 3, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).

C. On November 16, 2015, the Plaintiff filed an objection with the Minister of Justice on November 16, 2015, but was rendered a final decision dismissing the Plaintiff’s application on June 30, 2016.

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

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that in 2014, the Plaintiff was recommended by 5-6 members of Muslim punishment group to join the Muslim punishment group among the members of Muslim punishment group, who were in Islamic members, along with his/her friendship in the country of nationality. The Plaintiff’s rejection of the recommendation was threatening to cause a big problem to the Plaintiff.

As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution for political reasons in the country of nationality.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear 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 stateless foreigner who, owing 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 (hereinafter referred to as "state of his/her nationality");

C. (1) Determination;

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