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(영문) 서울행정법원 2019.05.23 2019구단53559
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. The Plaintiff, a foreigner of Egypt nationality, entered the Republic of Korea on October 4, 2016, with the status of stay of the Tourism Department (B-2).

B. On October 25, 2016, the Plaintiff applied for recognition of refugee status to the Defendant. However, on October 25, 2017, the Defendant rendered a decision to deny 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 Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on November 15, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made in Egypt as an attorney-at-law, and was threatened several times by the client or the other party when the outcome of the lawsuit is not good.

They found in the plaintiff's office and set up incidental goods, and they also covered the plaintiff with a title of narcotics suspicion, etc.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee even though it is likely to be detrimental to gambling due to such circumstances is unlawful.

B. The term “refugee” refers to 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, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparagraph 1 of the Refugee Act). The requirements for recognition of refugee status are met.

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