logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.04.19 2017구단698
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 entered the Republic of Korea on February 3, 2015 with the nationality of the Republic of Egypt (hereinafter “Egypt”), and applied for refugee recognition to the Defendant on February 5, 2015, after entering the Republic of Korea with the tourism channel (B-2) sojourn status on February 3, 2015.

B. On October 8, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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. The Plaintiff appealed and filed an objection with the Minister of Justice on November 23, 2015, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is a threat that the Plaintiff is retired from the family members of the female-friendly Gu.

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

B. 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 who, owing to a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, or who, owing to such fear, cannot return to the country of nationality or who had resided in the country of nationality before entering the Republic of Korea, or who did not want to return to the country of nationality, should be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is life, body, or freedom.

arrow