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(영문) 서울행정법원 2016.02.26 2015구단18978

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 16, 2014, the Plaintiff filed an application for refugee status with the Defendant on December 24, 2014, which was prior to the expiration of the period of stay ( January 15, 2015) while entering the Republic of Egypt (hereinafter referred to as “ Egypt”) and staying in the Republic of Korea as a foreigner of the nationality of the Republic of Egypt (hereinafter referred to as “Egypt”).

B. On January 14, 2015, the Defendant rendered a decision to deny 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 prescribed by 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 Nos. 1, 2, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On July 2013, 2013, B President B, who was enrolled in the Islamic Form Council, was released by the Ministry of Egypt, and accordingly, B’s support and members of the Islamic Form Council were subject to pressure by being subject to a non-discriminatory sentence of death penalty without due process.

From around 2012, the Plaintiff was active as a member of the Muslim association, and the Egypt B was punished for demonstration against the withdrawal of Egypt B, and created and distributed a leaflet, and was affected by the Egypt authority.

Therefore, when the plaintiff returns home on the grounds of active political opinion expression, the plaintiff constitutes a refugee who is well-known to be harmed by the government.

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. “Refugee” means a person who is unable or would be entitled to receive protection from a State of nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion.

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