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(영문) 서울행정법원 2016.10.27 2016구단19114
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, a national of the Republic of Egypt, entered the Republic of Korea on November 19, 2013 as a short-term official (C-3) qualification, and applied for refugee status to the Defendant on August 25, 2014.

B. On November 25, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On December 18, 2015, the Plaintiff filed an objection with the Minister of Justice on December 18, 2015, but was rendered a final decision dismissing the Plaintiff’s application on June 30, 2016.

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

2. Determination on the legitimacy of the disposition

A. On November 19, 2013, the Plaintiff asserted that he/she had entered the Republic of Korea on several occasions, and entered the country of nationality and the Republic of Korea on several occasions, and used cars export and import business. One of the business partners of the Plaintiff demanded the Plaintiff as a member of the Unslater Forest Zone to join the Unslock Zone, and threatened the Plaintiff’s refusal to kill.

Therefore, the plaintiff cannot return to the country of nationality.

As such, even though the Plaintiff was deprived of persecution for political reasons in the country of nationality, the instant disposition taken on a different premise is unlawful.

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

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her 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 country in which such fear has resided before entering the Republic of Korea;

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