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(영문) 서울행정법원 2016.11.09 2016구단24451
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 18, 2015, the Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea as the status of stay in the Tourist Department (B-2), and applied for refugee status to the Defendant on December 28, 2015.

B. On January 14, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On February 15, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 9, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was assaulted by a woman-friendly Gu, who opposed to the teaching system with female-friendly Gu, and was detained in the police station.

Since then, the plaintiff was felged with the female-friendly Gu, but female-friendly Gu has not yet married with other males, and accordingly, the father of the plaintiff who is in his home country is threatened.

In the event that the Plaintiff returned to Egypt, the instant disposition that the Plaintiff did not recognize as a refugee despite the risk of persecution for the said reason is unlawful.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The grounds for persecution alleged by the Plaintiff are "a threat is being made from an omission in a female-friendly Gu opposing the teaching system with female-friendly Gu," and even if all of the allegations by the Plaintiff are acknowledged, this is a private threat, thereby constituting the Plaintiff's home country.

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