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(영문) 서울행정법원 2017.04.20 2017구단6351
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 November 12, 2015, the Plaintiff, an alien of Egypt nationality, entered the Republic of Korea as the status of stay in tourism and Tong (B-2) and stayed, and filed an application for refugee status with the Defendant on December 14, 2015.

B. On June 27, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 28, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on December 10, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, while engaging in a business in Egypt, the Plaintiff participated in the demonstration on which the government imposed a high rate of tax on the entrepreneurs.

However, there was a anti-government demonstration at the same place on the same day, and the police who had participated in the demonstration was also at the same time at the same time, and the plaintiff was also at the risk of being mistaken for the police.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

(b)(1) Determination (1) Article 2 subparagraph 1 of the Refugee Act, refugee status means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be detrimental on the ground of race, religion, nationality, status as a member of a particular social group or political opinion, or due to such fear.

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