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(영문) 서울행정법원 2019.04.12 2018구단24783

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 is a foreigner of Egypt nationality.

On December 15, 2017, the Plaintiff entered the Republic of Korea with the Tourism Tong (B-2) sojourn status on December 15, 2017, and applied for refugee status to the Defendant on January 5, 2018.

B. On January 25, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 8, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on September 14, 2018.

On October 8, 2018, the Plaintiff received a notice of decision of dismissal of an objection.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff participated in the anti-government demonstration in Egypt, and thus, the Plaintiff was nominated by the police.

Therefore, in the event that the Plaintiff returned to Egypt, it is clear that he would be detrimental to gambling for the reason that he participated in the anti-government demonstration, and on a different premise, the Defendant’s disposition that the Plaintiff did not recognize as a refugee should be revoked as unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall reside in Korea due to such fear, either a foreigner who is unable to obtain protection of the country of nationality or who does not want the protection of the country of nationality due to a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who is not