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(영문) 서울행정법원 2017.07.21 2017구단4027
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 June 24, 2014, the Plaintiff, as Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on June 27, 2014, and applied for refugee status to the Defendant on June 27, 2014.

B. On October 30, 2015, 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 refugee requirement 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 November 16, 2015, but the said objection was dismissed on the same ground as October 27, 2016.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion B (hereinafter “B”) participated in the anti-government demonstration on August 30, 2013 as a member of the Muslim type group, but was illegally arrested on Egypt Police and was subject to adviser for a long time, and was sentenced to imprisonment for 25 years thereafter.

The plaintiff also participated in various anti-government demonstrations, including the above anti-government demonstration, and put up several notices against the government of the Face North Korea account.

In addition, both the plaintiff and his family have complained of B's release and damage compensation through a human rights organization.

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 stuffed when he returns to his country of nationality due to the attention of the Egypt government.

B. 1 The term “refugee” refers to a person who is unable to receive or is entitled to receive the protection of a country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion.

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