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(영문) 서울행정법원 2015.12.04 2015구단14716

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. The Plaintiff entered the Republic of Korea on December 8, 2013 with the nationality of the Republic of Egypt (hereinafter “Egypt”) as a foreigner of the Republic of Egypt (hereinafter “Egypt”), and applied for refugee recognition to the Defendant on January 7, 2014.

B. On September 17, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) 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 October 1, 2014, the Plaintiff filed an objection with the Minister of Justice on October 1, 2014, but the said objection was dismissed on July 1, 2015.

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

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he participated in the demonstration led by the Muslim group as a sponsor of the Muslim group, and thereafter, the government sought the Plaintiff’s house and sought the Plaintiff’s attachment several times, and subsequently, the Plaintiff committed assault, such as making the Plaintiff’s family members a hand over, or taking head scar, etc., and during the search process, the literature and the household, etc. were occupied.

Therefore, even though the Plaintiff’s return to Egypt is likely to be stuffed by Egypt government on the ground that the Egypt support the Egypt, the instant disposition made on a different premise is unlawful.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear that he/she may be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or such fear;

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