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(영문) 서울행정법원 2017.04.27 2017구단2212

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 April 25, 2016, the Plaintiff filed an application for refugee status with the Defendant on April 25, 2016 while entering the Republic of Egypt (hereinafter “Egypt”) and staying in the Republic of Korea with tourist transit and visa (B-2) on April 11, 2016.

B. On June 27, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion 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.

C. On July 8, 2016, the Plaintiff filed an objection with the Minister of Justice on July 8, 2016, but the decision was rendered to dismiss the Plaintiff’s application on November 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, 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 either be threatened by the government or arrested on the ground that the Plaintiff participated in a demonstration opposing the withdrawal of the former president at Extraordinary.

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 revealed by adding up the above facts of recognition and the purport of the evidence No. 4 and the entire arguments, it is insufficient to deem that the Plaintiff has a well-founded fear of persecution, 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 who are engaged in or active activities by the slock group executives, and the government is subject to punishment only on a daily basis by simply supporting or general members.

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