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(영문) 서울행정법원 2018.10.18 2018구단15284
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. The Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Egyp of Egyp (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”) on October 7, 2015.

B. On June 8, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant. On June 16, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol Relating to the Status of Refugees.

C. On July 26, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

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

2. The assertion and judgment

A. The Plaintiff asserted as a member of the Plaintiff’s organization B, and participated in the Government Demonstration several times.

The plaintiff asserted the threat of gambling and applied for refugee status before, but became subject to a disposition of non-recognition of refugee status, and the plaintiff filed an administrative litigation against it, but the decision against it became final and conclusive.

The plaintiff returned to Egypt, his home country, but the plaintiff was asked to attend the Samanno Guudio Police Station by June 1, 2017, and it was thought that the return to Korea could be arrested, and again requested to recognize the refugee status of this case.

Nevertheless, the defendant's disposition that did not accept the plaintiff's application for refugee status is unlawful and thus should be revoked.

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