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(영문) 서울행정법원 2017.06.29 2017구단14260

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 July 15, 2015, the Plaintiff filed an application for refugee status with the Defendant on August 11, 2015, while entering the Republic of Egypt (hereinafter “Egypt”) and staying there in the Republic of Korea with tourist transit and visa (B-2).

B. On October 13, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion to the Plaintiff does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter “instant disposition”).

C. On November 30, 2015, the Plaintiff filed an objection with the Minister of Justice on November 30, 2015, but rendered a final decision dismissing the Plaintiff’s application on October 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The summary of the Plaintiff’s assertion is likely to be arrested by the government solely on the ground that the Plaintiff participated in the demonstration while engaging in activities such as participating in the demonstration in Egypt for freedom.

Therefore, if the Plaintiff returned to Egypt, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it is highly likely that the Plaintiff might be stuffed due to the above circumstances.

B. In full view of the following circumstances, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff, taking into account the above facts of the recognition and the purport of the evidence Nos. 3 and 6 as well as the entire arguments, and there is no other evidence to prove otherwise.

The defendant's disposition of this case is legitimate.

1 It is true that Egypt government has been harming the unslock group when based on objective state situation. However, this is limited to the members of Egypt and active activities by Egypt executives.

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