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(영문) 서울행정법원 2016.07.01 2016구단6811
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 4, 2014, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on June 4, 2014, and applied for refugee status to the Defendant on June 10, 2014.

B. On June 16, 2014, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) 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.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that he joined the Egypt's Constitutional Party, and participated three times in the peace demonstration led by the party since 2013, and since the dong members participating in the demonstration were arrested to the police, he/she is also in danger of being arrested.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even if the plaintiff's return to Egypt is highly likely to suffer from gambling.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. “Lambling”, which is a requirement for recognition of refugee status 1, is a serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.

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