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(영문) 서울행정법원 2018.05.16 2018구단91

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 March 19, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”), and applied for refugee status to the Defendant on April 10, 2017.

B. On May 10, 2017, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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. On June 16, 2017, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on December 7, 2017.

[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 key point of the Plaintiff’s assertion was, in Egypt, forced the members of Egypt Egypt to join the Egypt Egypt to participate in the activities.

As the plaintiff refused this, the members of the Muslim group were captured to rescue the plaintiff.

Although the plaintiff escaped from the gap in which surveillance was neglected after the escape of the plaintiff, the members of the Muslim-type task group have found the plaintiff's house and threatened him/her to murder again.

If the plaintiff returned to Egypt, it is clear that it will be stuffed from the Muslim type group for the same reason.

The plaintiff shall be recognized as a refugee.

(b) In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who is unable or does not want the protection of his country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or for reasons of such fear.