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(영문) 서울행정법원 2016.01.13 2015구단60054

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, an alien of the nationality of the Republic of Egypt (hereinafter referred to as “Egypt”), entered the Republic of Korea on September 1, 2013 with tourism Tong (B-2) sojourn status and stayed in the Republic of Korea on September 11, 2013, and filed an application for refugee status with the Defendant on October 4, 2013, prior to the expiration of the period of stay ( October 11, 2013).

B. On July 24, 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 suffer persecution” as a requirement of refugee under 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, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was a person who supported the Egyptian body from Egypt, and participated in the demonstration for freedom and peace against the Egypt government that led to the suppression of Egypt sypt sypt sypt sypt sypt sypt sypt sypt sypt sypt sypt sypt symn, and

The plaintiff's private village participated in the Muslim type demonstration, but died of a prisoner of war by the military department, and after the plaintiff's relative B participated in the demonstration, he was arrested and detained.

On June 13, 2013, the Plaintiff, while participating in the demonstration of the Muslim punishment group continuously for 41 days from June 13, 2013, was arrested, detained, or lost life when the government’s development of prisoners of war, and continued to engage in the activities of the Muslim punishment group. The Plaintiff entered the Republic of Korea, regardless of the fear of fear.

Therefore, even though the Plaintiff is a refugee, the instant disposition taken by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugees” means race, religion, nationality, and specific social groups.

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