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(영문) 서울행정법원 2016.05.13 2016구단783
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 30, 2014, the Plaintiff, an alien of the nationality of the Republic of Egypt (hereinafter “Egypt”) and staying in the Republic of Korea on the basis of tourism and Tong (B-2) sojourn status on December 30, 2014, and filed an application for refugee status with the Defendant on January 27, 2015, prior to the expiration of the period of sojourn ( January 29, 2015).

B. On February 9, 2015, the Defendant rendered a decision not to recognize 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 a refugee under 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. On July 6, 2013, the Plaintiff’s alleged partner mobilized the violence group that the Plaintiff’s partner would take place on July 6, 2013, threatening the Plaintiff’s life, body, and liberty, such as kidnapping and assaulting the Plaintiff. The Plaintiff did not receive appropriate protection from its government due to the bribe, etc. offered by its partner.

Therefore, the Plaintiff constitutes a refugee who is likely to be injured on the ground of nationality or status as a member of a specific social group at the time of returning home.

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 wish to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is not entitled or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “orthing country”) due to such fear;

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