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(영문) 서울행정법원 2016.07.08 2016구단7036
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 June 1, 2015, the date after the expiration of the period of stay (on December 9, 2014), the Plaintiff, a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) entered the Republic of Korea for tourism and Tong (B-2) sojourn on November 9, 2014, and stayed in the Republic of Egypt and applied for refugee status to the Defendant on June 1, 2015.

B. On July 15, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a person who worked in a plastic or glass manufacturing plant in Egypt, and was solicited by members of Egypt to join the demonstration that occurred under the initiative of the Muslim group around June 2014.

When the plaintiff refused to recommend subscription, the Muslim punishment group threatened the plaintiff with murder.

Therefore, when returning to Korea, the Plaintiff is a refugee who is likely to be threatened with life, body or freedom, such as intimidation, etc. from the Unslive Slive Zone for Death.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

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

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who has resided in the Republic of Korea (hereinafter referred to as "member country") before entering the Republic of Korea due to such fear;

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