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(영문) 서울행정법원 2016.07.21 2016구단8954
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 January 27, 2015, the Plaintiff entered the Republic of Korea as a national of the Republic of Egypt (B-2) and applied for refugee status to the Defendant on February 10, 2015.

B. On September 3, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on October 8, 2015, but was rendered a judgment dismissing the objection on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion was the support recipient of the Unsllim type, who participated in a demonstration that criticizes the government and the police at least 15 times from 2009 to 2012. On December 2009, the Plaintiff was investigated as to whether he/she joined the Unsllim group after she was covered by the police with her uniforms covered and went to the police station, and was released from the charge on January 15, 2010.

As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under a state of nationality for political reasons.

(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 nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is unable or does not want to be protected from such fear to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “or the country in which he/she resided”).

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