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(영문) 서울행정법원 2018.11.28 2018구단19545
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 September 21, 2016, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) status on September 21, 2016, and applied for refugee status to the Defendant on October 14, 2016.

B. On August 23, 2017, the Defendant rendered a decision to recognize 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 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.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on September 19, 2017, but was dismissed on June 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff operated Egypt, but only one of the participants of the demonstration that occurred on June 30, 2016 was concealed at the Plaintiff’s upper point, and police officers B (B; hereinafter “B”) led the participants of the demonstration on the Plaintiff’s upper point and led the participants of the demonstration, thereby hiding the Plaintiff’s participants of the demonstration, and damaged the goods at the upper point.

Accordingly, the plaintiff stated that he would bring a complaint against B and that he would bring a complaint against B, and thereafter, the plaintiff was aware that police officers found the plaintiff's house and that he will be arrested on suspicion that the plaintiff participated in the demonstration.

Therefore, since there exists a well-founded fear that the Plaintiff would be subject to gambling when returning home with Egypt, the instant disposition that did not recognize it on a different premise is unlawful.

B. Determination 1 refers to a person who is a member of a certain social group or a political opinion and is likely to be imprisoned for reasons of race, religion, nationality, status as a member.

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