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(영문) 서울행정법원 2016.03.23 2015구단17715

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 24, 2013, the Plaintiff entered the Republic of Korea as a foreigner of Egypt nationality (B-2, and the period of stay 30 days). On November 15, 2013, the Plaintiff applied for refugee status to the Defendant.

B. On November 28, 2014, the Defendant issued a disposition of non-recognition of 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 December 5, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined the 2012 Unslive forest model group and participated in the anti-government demonstration. However, the activities of Unslive forest model group gradually changed and died at the site of the demonstration, thereby withdrawing from the Unslive forest model group around the end of 2012.

Since then, the plaintiff was threatened with the death of the plaintiff and the abduction of his family unless he returned from the Muslim slock group, and even after the plaintiff entered the Republic of Korea, the Muslim group is asking the plaintiff's whereabouts to his family.

In the event that the plaintiff returned to Egypt, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful, despite the possibility of stuffing on the ground that the plaintiff withdrawn from Egypt.

B. (1) In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a person who is injured by race, religion, nationality, membership of a particular social group or political opinion is subject to persecution.