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(영문) 서울행정법원 2019.09.06 2019구단8788
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 November 12, 2017, the Plaintiff entered the Republic of Korea without a visa and applied for refugee status to the Defendant on December 15, 2017.

B. On August 20, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on September 3, 2018, but the Minister of Justice dismissed the objection on May 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that Egypt contains threats of terrorism and armed forces, and thus it cannot safely live in Korea. Thus, the plaintiff filed an application for refugee status with the Republic of Korea.

If the plaintiff returns home due to Egypt, he/she will also be exposed to such risk again.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, and is 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 the status, treatment, etc. of refugees may be harmed by reasons of race, religion, nationality, membership of a particular social group or political opinion, or a country that has resided in Korea prior to entry into Korea due to such fear.

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