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(영문) 서울행정법원 2017.10.13 2017구단25352
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 August 25, 2014, the Plaintiff, as Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on August 25, 2014, and applied for refugee status to the Defendant on August 29, 2014.

B. On February 24, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 on the Status of Refugees.

C. On March 21, 2017, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on July 18, 2017.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s argument at the meeting of the Plaintiff has been made a donation to the Muslim group in the country of nationality while operating a variety of clothes store in the country of nationality. As such, the Plaintiff’s argument was discontinued due to difficulties in operating it.

If the Muslim-type group does not continue to make a contribution to the party, it has actually died of the party accommodation by pretending a traffic accident, and then has requested the party accommodation to continue to make a contribution by threatening the death of the plaintiff.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1 The term “refugee” means a foreigner who is unable 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 particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea due to such fear, or a country in which he/she has resided.

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