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(영문) 서울행정법원 2016.06.08 2015구단18329
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 30, 2013, the Plaintiff entered the Republic of Korea with the tourism Tong (B-2) status as a foreigner of Egypt nationality, and applied for refugee status to the Defendant on November 5, 2013.

B. On September 17, 2014, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that she would suffer from persecution” as a requirement of refugee under 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 October 13, 2014, the Plaintiff filed an objection with the Minister of Justice on October 13, 2014, but the said objection was dismissed on July 1, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was made on the ground that it is a small number of opports in Egypt, and thus, it was subject to opta and insult from the Egympis, and was discriminated against.

When the plaintiff returns to his own country, the disposition of this case by the defendant, which did not recognize the plaintiff as a refugee, is unlawful even though it is likely to be detrimental to gambling on the ground that the plaintiff was a baby.

B. (1) 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 in the Republic of Korea who are unable to be protected or do not want to be protected of the country of nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”

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