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(영문) 서울행정법원 2016.10.27 2016구단19077
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 on January 24, 2016 without visa (B-2) and applied for refugee status to the Defendant on February 15, 2016.

B. On February 25, 2016, 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 of 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 March 16, 2016, the Plaintiff filed an objection with the Minister of Justice on March 16, 2016, but the decision was rendered to dismiss 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’s assertion was planned to provide a love women’s friendship and marriage in a country of nationality. However, at the home of women’s friendship, the Plaintiff did not put marriage to the wind opposing marriage with the Plaintiff.

A woman-friendly family member who became aware of this, had found the home of the plaintiff's residence and left the house, and threatened the plaintiff with a big day if he did not return to the telephone.

As such, the disposition of this case, which was taken on a different premise, is unlawful even though the Plaintiff was under an stuff 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 ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who has resided in the Republic of Korea (hereinafter referred to as "member country") before entering the Republic of Korea due to such fear;

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