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(영문) 서울행정법원 2016.06.08 2016구단3478
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 7, 2015, the Plaintiff, a foreigner of Egypt nationality, entered the Republic of Korea as a visa of the Tourism Department (B-2). On June 1, 2015, the Plaintiff applied for refugee status to the Defendant.

B. On July 23, 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. On August 18, 2015, the Plaintiff filed an objection with the Minister of Justice on August 18, 2015, but the said objection was dismissed on December 14, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was arrested on the ground that he participated in the anti-government demonstration on January 25, 2012 and July 3, 2014 on two occasions, and that the Plaintiff left the Republic of Korea.

Therefore, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee is unlawful despite the possibility that the Plaintiff might be stuffed on the grounds of political opinion when it returned to its home country.

B. (1) 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 in the Republic of Korea who are unable to be protected or do not want to be protected in the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is a requirement for recognition of refugee means “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”

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