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(영문) 서울행정법원 2016.10.28 2016구단23342
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 December 19, 2015, the Plaintiff, an alien of Egypt nationality, entered the Republic of Korea with tourism and Tong (B-2) sojourn status on December 19, 2015, and stayed, and filed an application for refugee status with the Defendant on January 12, 2016.

B. On January 14, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter the 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 Relating to the Status of Refugees.

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

2. Whether the instant disposition is lawful

A. On October 20, 2014, the Plaintiff’s assertion submitted by the Plaintiff to murdered the Plaintiff’s assertion against the owner of land adjacent to his/her high village, and his/her children were taken a retaliation against the Plaintiff’s punishment.

The plaintiff's reference ordered the plaintiff to take a retaliation against the deceased, and the plaintiff's refusal to comply with this, threatening the death of the plaintiff.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even if the plaintiff's return to Egypt is highly likely to suffer from gambling.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. The persecution alleged by the Plaintiff is a member of the race, religion, nationality, and specific social group.

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