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(영문) 서울행정법원 2016.08.05 2016구단12748
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 October 22, 2014, the Plaintiff returned to the Republic of Korea on April 2, 2015, after entering the Republic of Korea with tourism Tong (B-2) sojourn status on October 22, 2014, and filed an application for refugee status with the Defendant on April 16, 2015 after re-entry on April 16, 2015.

B. On July 14, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) 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 Relating to the Status of Refugees.

[Reasons for Recognition] Uncontentious Facts, Gap 3, Eul 1, Eul 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion sought to protect 70 senior citizens who are faced with the sliff group members in Egypt, and were hospitalized in knife with knife. On July 10, 2013 and October 2, 2014, the Plaintiff received intimidation from the sliff group members on October 2, 2014, and at the time of visiting Egypt on April 9, 2015, at the time of visiting Egypt, the support recipient of Egypt refers to the Plaintiff and became a member of the Plaintiff’s house.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even if the plaintiff's return to Egypt is highly likely to suffer from gambling.

(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 grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

(c) a requirement for recognition of refugee status 1.

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