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(영문) 서울행정법원 2019.05.29 2019구단5505
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 September 7, 2017, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) sojourn status on September 7, 2017, and applied for refugee recognition to the Defendant on October 17, 2017.

B. On April 20, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of 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.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on May 17, 2018, but was dismissed on February 14, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff joined the Plaintiff’s organization as a member and secedeed from the Plaintiff’s organization. After withdrawal, the Plaintiff was threatened with murder by the Plaintiff’s oral organization.

In addition, the plaintiff is likely to be arrested and detained by Egypt government on the grounds that he/she had worked as a member of the past B organization.

Therefore, inasmuch as there exists a well-founded fear that if the Plaintiff returned to Korea with Egypt, the Plaintiff would be subject to gambling as above, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise 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 particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

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