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(영문) 서울행정법원 2019.02.15 2018구단22268
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 16, 2017, the Plaintiff, as a Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on August 16, 2017, and applied for refugee status to the Defendant on August 28, 2017.

B. On November 22, 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 refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On December 19, 2017, the Plaintiff filed an objection with the Minister of Justice on December 19, 2017, but the said objection was dismissed on September 3, 2018.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a slock that the Plaintiff married with a slock female who is a slock, and his family members threaten the Plaintiff on the grounds that the religion differs.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. Determination 1) “Refugee” refers to any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, religion, nationality, status as a member of a particular social group, or political opinion, of a foreigner who is unable or does not want to be protected by the country of his/her nationality due to well-founded fear that he/she is likely to be detrimental to the protection of the country of his/her nationality (Article 2 subparag. 1. 2 of the Refugee Act) or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1. 2 of the Refugee Act).

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