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(영문) 부산지방법원 2018.04.25 2018구단20256
난민불인정처분취소
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 December 21, 2015, the Plaintiff entered the Republic of Korea as a foreigner with Egypt nationality, and applied for refugee status to the Defendant on January 5, 2016.

B. On January 19, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on January 22, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on July 18, 2017.

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

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was assigned to the police on the ground that the Plaintiff participated in peace and demonstration on 2015.

Therefore, if the plaintiff returned to Egypt, it is deemed that there is a risk of persecution, and the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is not able to return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and such persecution is sufficient.

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