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(영문) 서울행정법원 2016.04.15 2015구단20032
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 March 3, 2014, the Plaintiff entered the Republic of Korea as a foreigner of Egypt nationality, and applied for refugee status to the Defendant on January 20, 2015.

B. On February 17, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On March 6, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made on November 2013 on the grounds that he associates with a female-friendly organization, which is a fluorian dog, and was assaulted by the family members of the female-friendly organization, and around December 2013, there was a talk that the female-friendly organization’s family members will die from the company’s club fees.

If the plaintiff returned to Egypt, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility that the plaintiff might be stuffed on the ground of his status as a member of a religion or a specific social group.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is life, body or freedom.

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