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(영문) 부산지방법원 2019.02.13 2018구단2289
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. (1) On August 21, 2015, the Plaintiff entered the Republic of Korea with Egypt nationality as a foreigner of Egypt nationality, and applied for refugee status to the Defendant on November 23, 2015. As to this, on November 2, 2017, the Defendant rendered a disposition not to grant refugee status (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have a well-founded fear that the Plaintiff would suffer from persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

B. On November 20, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on September 3, 2018.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff entered the Republic of Korea through Malaysia, leba, and leba that was religious issues from his father who added Islamus to Islamus. If he returned to Egypt, the Plaintiff applied for refugee status because it would endanger his life and body due to the assault from his father. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. 1) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due 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 (Article 2 Subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of refugee status causes serious infringement of or discrimination against essential human dignity, including threats to life, body, or freedom.

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