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(영문) 서울행정법원 2018.05.09 2018구단54944
난민불인정처분취소
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 September 26, 2014, the Plaintiff filed an application for refugee status with a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”).

B. On October 27, 2016, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently based fear that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on November 10, 2016, but the Minister of Justice dismissed the objection on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 3, and 4 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that “B” as an organization of terrorism (hereinafter “B”) murders an unqualified citizen.

If the plaintiff returned to Egypt, he/she can face risks, so the plaintiff should be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act defines “Refugee” as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize 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 foreigner who is a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” According to the above provision, in order to be recognized as a refugee, the person’s assertion of refugee applicant itself is first made on the ground that “human race, religion, nationality, status as a member of a specific social group, or political opinion” of the applicant.

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