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(영문) 서울행정법원 2020.02.20 2019구단19795
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 February 13, 2018, the Plaintiff entered the Republic of Korea as a foreigner of Egypt nationality with the status of stay for visa entry (B-2).

B. On March 6, 2018, the Plaintiff applied for refugee status recognition to the Defendant. However, on October 14, 2019, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to 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.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was arrested by the police and detained for 15 days while the Plaintiff was committed by Islamic members in September 2017.

After 1 week, people of security bureau incidental to the plaintiff's house and gate, had the plaintiff moved into the office of security bureau, detained the plaintiff in a reading room for one week, served as an adviser and an assault, and have been arrested and detained more than once thereafter.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

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 specific social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, includes threats to life, body, or freedom.

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