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(영문) 서울행정법원 2015.11.26 2015구단14242
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On November 9, 2013, the Plaintiff filed an application for refugee status with the Defendant on July 18, 2014 while entering the Republic of Egypt (hereinafter referred to as “Egypt”) with the nationality of the U.S. Republic of Egypt (hereinafter referred to as “Egypt”) after having entered the Republic of Korea with the tourism Tong (B-2) and having been staying in the Republic of Korea.

On October 2, 2014, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on October 24, 2014, but the said objection was dismissed on July 1, 2015.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition as indicated in Gap’s evidence 1 through 4, Eul’s evidence 1, and 2, as a member of the Muslim type, participated in a demonstration supported by the president before Egypt on July 2, 2013, which was arrested by the police and detained for about three months.

Therefore, if the plaintiff returned to Egypt, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though it is highly likely that the plaintiff would be stuff due to the activity of Egypt and the participation in B support demonstration.

Judgment

In addition to the above facts-finding evidence Nos. 3, 4-1, and 2-1, and the purport of the entire arguments, it is insufficient to view that the plaintiff has a sufficiently-founded fear of persecution to the plaintiff, taking into account the following circumstances, and the defendant's disposition of this case is lawful since there is no other evidence to acknowledge it.

In accordance with objective Egypt's situation, the present Egypt's present Egypt's current Egypt's current Egypt's brupting to the Egypted Egypt's model, but this is most aimed at the non-stegr's guidance division or the middle class or higher.

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