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(영문) 서울행정법원 2017.04.06 2016구단29296
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 May 3, 2016, the Plaintiff, a foreigner of Egypt nationality, entered the Republic of Korea as the status of stay for tourism and Tong (B-2) on May 3, 2016 and stayed, and applied for refugee status to the Defendant on May 30, 2016.

B. On June 20, 2016, 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 July 18, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 11, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was received from the Egypt Government on the ground that he/she provided food and money to the members of the Egypt-type model group who are not members of the Egypt-type group, but support the activities of the Egypt-type group.

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

B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall apply to foreigners within the Republic of Korea who are unable to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group or political opinion, or who do not want the protection of the country of nationality.

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