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(영문) 서울행정법원 2018.06.21 2018구단8941
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 December 19, 2016, the Plaintiff, a foreigner of Egypt nationality, entered the Republic of Korea with tourism and Tong (B-2) sojourn status on December 19, 2016 and stayed, and applied for refugee status to the Defendant on January 20, 2017.

B. On July 10, 2017, 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 August 14, 2017, but was dismissed on March 21, 2018, and the Plaintiff received a notice of dismissal decision on April 19, 2018.

[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 in Egypt, the Plaintiff’s punishment and punishment during Egypt, followed by an attack by a neighbor, and subsequently, caused the neighbor’s head by the decline. As such, the neighbor died and led to the death of a neighbor to the Republic of Korea.

When the plaintiff returns to his country, there is a risk that he will be arrested in the police and detained in the prison.

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) Determination 1: Article 2 Subparag. 1 of the Refugee Act; a refugee may not return to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion; or to a country in which he/she resided before entering Korea due to such fear.

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