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(영문) 서울행정법원 2016.09.07 2016구단12403
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Egypt - Entry into the Republic of Korea and refugee application: June 23, 2014 (Status of Sojourn: B-2) / Application for refugee recognition on February 3, 2015

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds: A sufficiently-founded fear of persecution cannot be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on March 23, 2016 [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s each entry, 1, 2, and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is likely to be arrested and detained due to mistake from Egypt police as a slick-type model. Thus, there is a well-founded fear that the plaintiff could be imprisoned on the ground of the membership status or political opinion of a specific social group.

B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be subject to persecution on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances as revealed by adding up the evidence mentioned above, the evidence mentioned above mentioned in subparagraph 2, the evidence mentioned in subparagraph 6, and the purport of the pleading mentioned in subparagraph 6, it is difficult to view that the Plaintiff “a well-founded fear on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge this otherwise, the disposition of this case which rejected the Plaintiff’s application for refugee status is legitimate

① The Plaintiff on June 2014

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