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(영문) 서울행정법원 2019.11.07 2019구단15410
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, 2015 as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”).

B. On October 23, 2018, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on November 27, 2018, issued a disposition on recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuge of fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee 1967”).

C. On December 28, 2018, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 3 and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is Muslim, and around July 2018, when he was staying in the Republic of Korea, he changed the species from Erpha to Erpha.

Since Egypt is a majority of Egypt and the awareness of Egypt is not good, if the plaintiff returns to Egypt, it is likely to be killed from Egypt.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that no protection of a State of nationality shall be granted or protected due to a well-founded fear of recognizing that a person may be disadvantaged on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

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