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(영문) 서울행정법원 2018.09.28 2018구단13875
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 November 7, 2015, the Plaintiff, as a Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on November 7, 2015, and applied for refugee status to the Defendant on November 23, 2015.

B. On June 30, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 filed an objection with the Minister of Justice on July 26, 2017, but the said objection was dismissed on the same ground as March 21, 2018.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined the “B” organization claiming political reform, corruption resolution, and activation of domestic economy, etc., and took part mainly in enlightenment activities between students and the general public, and participated in three times from 2013 to May 2015.

The plaintiff's type C also has been arrested several times by the police due to the extreme activities in the plaintiff's type B.

On October 28, 2015, the Plaintiff was arrested in the police and investigated where C is anywhere and how B is conducting demonstration.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though it is highly likely that the plaintiff would be harmed for reasons that he is a member of B when he returns to the country of nationality.

B. 1 The term “refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or a foreigner who does not want to be protected, or due to such fear, before entering Korea.

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