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(영문) 서울행정법원 2016.01.29 2015구단17982
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 February 12, 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 February 18, 2014.

B. On September 29, 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 November 4, 2014, but the said 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's assertion was made by attending a gathering of the Muslim group as a member of the Muslim group.

On January 2014, the Plaintiff’s punishment, who was an executive member of the Muslim group, was arrested in Egypt Police without a warrant, and has been in the process of being confined until now. The Plaintiff was able to avoid arrest and detention because Malaysia was staying in the Malaysia.

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 "refugee" means a foreigner who is unable or does not wish to receive protection from a country of his/her nationality due to well-founded fear to recognize that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or by such fear.

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