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(영문) 서울행정법원 2016.08.12 2016구단9834
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 19, 2014 (Status of Sojourn: Tourist Tong (B-2) / November 28, 2014)

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 objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on March 23, 2016 [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s each entry, 1, 2, and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On February 14, 2014, the Plaintiff’s assertion was arrested and detained for 10 days on the grounds that he/she participated in a demonstration that supported Egypt Alpt and Egypt and demanded the return of B, and that there was a risk of re-Arrest and detention. As such, there is a well-founded fear that the Plaintiff may be subject to persecution on the grounds of his/her membership status or political opinion.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable to receive or does not want to receive the protection of his/her 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.” In full view of the following circumstances revealed in addition to the aforementioned evidence, evidence No. 4, evidence No. 4, and the purport of the entire argument of the Plaintiff in the course of the Plaintiff’s newspaper, it is difficult to view that the Plaintiff “a well-founded fear based on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and it can be recognized otherwise.

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