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(영문) 서울행정법원 2016.07.22 2016구단12311
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 August 13, 201, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on August 13, 201, and applied for refugee recognition to the Defendant on May 28, 2015.

B. On July 15, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) 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 Relating to the Status of Refugees.

[Reasons for Recognition] Uncontentious Facts, Gap 3, Eul 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff participated in a demonstration opposing the Muslimout group around August 2006 and participated in a demonstration by anti-government around April 201. Thus, the Defendant’s disposition that the Plaintiff did not recognize the Plaintiff as a refugee is unlawful even if the Plaintiff’s return to Egypt is highly likely to be harmful if he/she returned to Egypt.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear 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, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. The term “persecution”, which serves as a requirement for recognition of refugee status 1, refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom,” and it is reasonable to recognize refugee status that there exists “a sufficient-founded fear.”

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