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(영문) 서울행정법원 2016.02.26 2015구단16347
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 April 2, 2014, the Plaintiff, an alien of the nationality of the Republic of Egypt (hereinafter referred to as “Egypt”), entered the Republic of Korea and stayed in the Republic of Korea on tourism and Tong (B-2) sojourn status on April 2, 2014, and filed an application for refugee status with the Defendant on April 9, 2014, before the expiration of the period of sojourn (F-2), prior to the expiration of the period of stay.

B. On December 9, 2014, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by 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] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was admitted to the Korea Social Welfare University located in 2007 and majored in social welfare studies in 201.

As a knowledge of the Egypt society, the Plaintiff participated 4-5 times in any demonstration that criticizes the present government and supports peace demonstration.

During three times of the participation in the demonstration, the Plaintiff was subject to serious violence from a person with no name, and even after the participation in the demonstration, the Plaintiff was accused of being threatened with the life from the opposing force several times and was accused for viewing, and the Plaintiff’s punishment and friendship together with the Plaintiff was killed and wounded.

Therefore, the plaintiff is a refugee who was affected by retaliation and political pressure, etc. from the armed forces organization or their assistants who have different political opinions on the grounds that he/she participated periodically in the anti-government peace demonstration.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

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

1. “Refugees” means race, religion, nationality, and specific social groups.

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