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(영문) 서울행정법원 2017.10.26 2017구단27396
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 August 19, 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 August 19, 2016, and applied for refugee status to the Defendant on October 10, 2016.

B. On November 4, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 1, 2016, but the objection was dismissed on April 21, 2017, and the Plaintiff received a notice of dismissal decision on June 12, 2017.

[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 was sentenced to imprisonment with prison labor for three years in court because he borrowed money from Egypt bank and failed to repay it.

In the event that the plaintiff returns to his country, there is a risk of being reduced.

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. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term "lebage" to be received by the foreigner is a threat to life, body or freedom.

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