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(영문) 서울행정법원 2017.07.20 2017구단15225
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 June 6, 2014, the Plaintiff, an alien of Egypt nationality, entered the Republic of Korea as the status of stay for tourism and Tong (B-2) and stayed, and applied for refugee status to the Defendant on June 19, 2014.

B. On June 12, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 26, 2015, but was dismissed on February 24, 2017, and the Plaintiff received a notice of dismissal decision on March 16, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was raised in Egypt, and the demonstration site of the Egypted Egypt was passed by the police, and was detained three times by mistake as a member of the Egypted Egypt.

was released.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner is in life, body or freedom.

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