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(영문) 서울행정법원 2018.03.23 2017구단37775
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 8, 2016, the Plaintiff, as a Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on September 8, 2016, and applied for refugee status to the Defendant on October 4, 2016.

B. On February 16, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff was notified of the instant disposition on February 28, 2017, and the Plaintiff filed an objection with the Minister of Justice on March 22, 2017, but the said objection was dismissed on the same ground as of July 18, 2017.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff obtained a loan from the bank to operate the factory, and that the factory was unable to repay the loan due to fire.

Therefore, the defendant's disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even though the plaintiff could be arrested in the police and confined to prisons, when the plaintiff returned to the country of nationality.

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 Subparag. 1 of the Refugee Act). However, even if the plaintiff's assertion is acknowledged, the threat of the plaintiff's assertion is a member of a race, religion, nationality, and a specific social group.

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