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(영문) 서울행정법원 2015.11.20 2015구단13102

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 February 25, 2014, the Plaintiff, a foreigner of the nationality of the Republic of Egypt (hereinafter referred to as “Egypt”), entered the Republic of Korea and stayed in the Republic of Korea on the basis of the tourism Tong (B-2) status on February 25, 2014, and filed an application for refugee status with the Defendant on March 4, 2014, before the expiration of the period of stay ( March 27, 2014)

B. On September 16, 2014, the Defendant rendered a disposition of non-recognition of 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 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From November 2011, the Plaintiff’s assertion participated several times in a demonstration against Egypt in Egypt, and such activities continued by up to 2014.

In order to kill the plaintiff who participates in an opposing movement, the Muslim group threatened the plaintiff's body over 20 times, such as intending to catch the plaintiff in the Kafin located in Mata-si, and traces the plaintiff. On September 2012, the group suffered significant damage, such as unauthorized intrusion on the plaintiff's father's store without permission, and prevention, etc.

On January 14, 2014, the plaintiff participated in the opposing demonstration of the Muslim type which was held in Suslim group in Mata City on January 14, 2014, but was evacuated in the course of suppression of police, where there is a conflict between the inventor and Muslim group.

The Plaintiff left the Republic of Korea to get out of the threat of police arrest and slick-type group.

The plaintiff, who strongly experienced opposing opinions against the Muslim group, is a refugee who is likely to suffer retaliation and political pressure due to political reasons, etc.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) Relevant statutes (Refugee).

참조조문