(영문) 서울행정법원 2019.03.13 2019구단777

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(영문) 서울행정법원 2019.03.13 2019구단777

난민불인정결정취소

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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 7, 2017, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) sojourn status on June 7, 2017, and applied for refugee recognition to the Defendant on July 7, 2017.

B. On October 23, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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. As to this, the Plaintiff filed an objection with the Minister of Justice on November 20, 2017, but was dismissed on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is that the Plaintiff had been arrested and detained several times in Egypt on the ground that he/she had worked as Egypt B, and if he/she returned to Korea with Egypt, the Plaintiff may be subject to another arrest and detention by Egypt police.

In addition, the plaintiff has been threatened with murdering several times unless he has retired from B from Egyptn's suspect B.

Therefore, since there exists a well-founded fear that the Plaintiff would be subject to gambling in the event of returning homework, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. 1 The term “refugee” refers to 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 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 foreigner who is unable or does not want to be protected by such fear to return to the country in which he/she had resided before entering the Republic of Korea,

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