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(영문) 서울행정법원 2017.01.13 2016구단30142
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Egypt - Entry into the Republic of Korea and refugee application: November 2, 2015 (Status of Sojourn: B-2)

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.

(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: Facts that there is no dispute on October 27, 2016 [based on recognition], evidence Nos. 1, 2, and Nos. 1, 2, 3, and 4, and purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was admitted to Egypt in Egypt in around 2010, participated in the anti-government demonstration in around 2013, and was arrested in around 2014, and was released as bail.

Since the Republic of Korea entered the Republic of Korea after being sentenced to imprisonment with prison labor for one year, there is a well-founded fear to recognize that the return to Korea from Egypt is likely to be arrested and detained, and thus, it may be detrimental to political view.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the following circumstances revealed by the aforementioned evidence, when comprehensively considering the following circumstances revealed, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.”

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