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(영문) 서울행정법원 2017.05.26 2017구단8470
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 December 5, 2013, the Plaintiff, as a Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on December 5, 2013, and applied for refugee status to the Defendant on October 27, 2014.

B. On October 8, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On November 6, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on February 24, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is likely to refuse the Plaintiff’s demand to participate in terrorist activities during his/her activities as a member of the Unslive Forest Zone around 2010, and withdrawal from the Unslive Forest Zone around September 2012, and on this ground, may be threatened by the Unslive Forest Zone.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected 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 a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a requirement for the recognition of refugee status, including threats to life, body or freedom.

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