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(영문) 서울행정법원 2017.08.23 2017구단18668
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. The Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea on June 9, 2016, and applied for refugee status to the Defendant on July 6, 2016.

B. On July 25, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On August 29, 2016, the Plaintiff filed an objection with the Minister of Justice on August 29, 2016, but the objection was dismissed on June 8, 2017.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The key point of the Plaintiff’s assertion was the Plaintiff’s failure to perform his/her obligations, and the Plaintiff subsequently filed an application for refugee status while leaving his/her home country, and the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected from 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 a refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and in light of these legal principles, a foreigner applying for recognition of refugee status must prove that there is “confisently-founded fear” subject to such persecution.

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