logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.06.01 2017구단5631
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff entered the Republic of Egypt (hereinafter referred to as “Egypt”) as a foreigner of the nationality of the Republic of Egypt (hereinafter referred to as “Egypt”) on April 28, 2016, and applied for refugee status to the Defendant on May 26, 2016.

On July 11, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

On August 4, 2016, the Plaintiff filed an objection with the Minister of Justice on August 4, 2016, but was dismissed on the same ground on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff joined the Egypt anti-government organization, thereby working in the Egypt Police Association; and (b) was threatened by Egypt Police.

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 former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, or who, owing to such fear, cannot return to the country of nationality or who had resided in the Republic of Korea before entering the Republic of Korea, or who did not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is serious violation of the essential human dignity, including threats to life, body or liberty.

arrow