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(영문) 서울행정법원 2018.06.20 2018구단4031
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 February 18, 2016, the Plaintiff entered the Republic of Egypt (hereinafter “Egypt”) as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) and applied for refugee status to the Defendant on March 7, 2016.

B. On March 30, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “sufficiently based fear of 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. On May 13, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on December 7, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff slovasm slock, from 2013 to B, with the slovasm slock.

During that period, B was pregnant with the Plaintiff’s child, and on this ground, B’s omission took place three times from December 25, 2015 to January 20, 2016 to the Plaintiff.

Therefore, if the plaintiff returned to Egypt, it is likely that he would suffer from gambling.

B. 1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 18 of the Refugee Convention, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear of being recognized that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who is a state of nationality and who does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear. 2) The Plaintiff’s assertion is correct.

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