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(영문) 서울행정법원 2021.03.25 2020구단17030
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. The Plaintiff, as a foreigner of the nationality of the Republic of Egyp of Egypt (hereinafter “Egyp”) of Egypt (hereinafter “ Egypt”), entered the Republic of Korea with the status of stay in transit (B-2) on February 10, 2018.

B. On February 21, 2018, the Plaintiff filed an application for recognition of refugee status with the Defendant. On November 4, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be harmful to stuff,” as stipulated in Article 1 of the 1951 Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the 1967 Protocol on the Status of Refugees (hereinafter “the 1967 Protocol”).

(c)

On December 3, 2019, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the instant disposition on August 20, 2020.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was misunderstood as having participated in an anti-government demonstration, and the Plaintiff arrested and detained the Plaintiff, who was unaware of the scene of the demonstration by the police, and thereafter joined the organization B.

The author tried to arrest the plaintiff whenever the anti-government demonstration occurs by registering the plaintiff's accusation on the list of winners.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful even though there was a well-founded fear that the Plaintiff would be subject to persecution when she returned to her home country.

B. 1) In full view of the provisions of Articles 1 and 2 subparag. 1 of the Civil Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee’s emotional sentiments, the Minister of Justice shall be a member of a race, religion, nationality, and specific social group.

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