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(영문) 서울행정법원 2016.11.29 2016구단26198
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, a national of the Republic of Egypt, entered the Republic of Korea as a non-Visa (B-2) on April 2, 2015, and applied for refugee status to the Defendant on May 4, 2015.

B. On June 8, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On June 22, 2015, the Plaintiff filed an objection with the Minister of Justice on June 22, 2015, but was rendered a final decision dismissing the Plaintiff’s application on September 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion and the plaintiff's reference were members of the Muslim type system in the country of nationality. On any day, the police searched the house and arrested the plaintiff's reference, and thereafter, the plaintiff searched the house and searched the house six times thereafter, and the plaintiff is in danger of being arrested on the ground that the plaintiff's return to the country of nationality is a Muslim group.

As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution for political reasons in the country of nationality.

(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 ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or who is unable or returned to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “or the country of his/her nationality”) due to such fear;

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