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(영문) 서울행정법원 2020.03.19 2019구단17751
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 August 20, 2010, the Plaintiff entered the Republic of Korea as a foreigner of Egypt nationality, and applied for refugee status to the Defendant on November 10, 2017.

B. On June 27, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on July 13, 2018, but the Minister of Justice dismissed the objection on October 18, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff should pay a fine when he was on the State-owned land.

If the plaintiff returned to Egypt, he/she can be punished by a fine or a fine, so the plaintiff should be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act defines “Refugees” as “foreigners who are unable or do not want to be protected by the country of nationality due to well-founded fear of being recognized as being imprisonable on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, cannot return to, or does not want to return to, the country in which they had resided before entering the Republic of Korea.”

According to the above provision, in order to be recognized as a refugee, gambling, which is the subject of fear to the refugee applicant by itself, can be seen as gambling on the ground of “a race, religion, nationality, status as a member of a specific social group or political opinion” of the refugee applicant.

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