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(영문) 서울행정법원 2016.02.12 2015구단18961

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 entered the Republic of Korea on August 20, 2014 with the nationality of the Republic of Egypt (hereinafter “Egypt”) as a foreigner of the Republic of Egypt (hereinafter “Egypt”), and applied for refugee recognition to the Defendant on September 19, 2014.

B. On September 23, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to 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.

C. The Plaintiff appealed to the Minister of Justice on October 14, 2014, but the foregoing objection was dismissed on July 1, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff participated in a demonstration for the resignation of the former president B and a demonstration for the return to the regime of the former president, as a member of the Unslateral Zone, as a member of the Free Economic Zone.

Since then, Egypt Police visited the plaintiff's house three times to arrest the plaintiff, but the plaintiff could escape or die because of the absence in advance.

On May 2014, the Plaintiff participated in a demonstration for the withdrawal of the regime of the military department and the return of the regime of the former president C, which was held in the Plaintiff's high-speed village, and was arrested to the police along with his work and detained for two months.

Therefore, in the event that the Plaintiff returned to Egypt, even though the Egypt government and the police were likely to be stuffed on the ground that the Plaintiff is a member of Egypt, the instant disposition made on a different premise is unlawful.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugees" means race, religion, nationality, and specific social group;

참조조문