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(영문) 서울행정법원 2016.10.28 2016구단15952
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, as a foreigner of Egypt nationality, entered the Republic of Korea with the visa of the Tourism Department (B-2) on March 22, 2015, and applied for refugee status to the Defendant on July 14, 2015.

B. On September 2, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he 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 September 17, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on March 23, 2016.

[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 ordered to leave the court to support B in his home country and to leave the court on the ground that the Plaintiff participated in the demonstration against Cuba.

At present, Egypt is in very confusion due to political disputes, and the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility that the plaintiff might be stuffed for political reasons when the plaintiff returned to his own country.

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 serves as the requirement for recognition of refugee status is serious infringement of the essential human dignity, including threats to life, body or freedom.

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