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(영문) 서울행정법원 2016.04.29 2016구단745
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 July 13, 2015, the day after the expiration of the period of stay ( July 7, 2015), the Plaintiff, a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) entered the Republic of Korea on June 7, 2015 with tourism and Tong (B-2) sojourn status and stayed in the Republic of Egypt and applied for refugee status to the Defendant on July 13, 2015.

B. On August 11, 2015, 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 Nos. 1, 2, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff participated in a large-scale demonstration, which was held on March 12, 2015 or on July 17, 2015, as a simple support for the Muslim type group, and actively conducted a demonstration.

When the plaintiff's East B was arrested to Egypt government with the relation that the plaintiff played the leading role in the above demonstration, 500 persons were holding the second demonstration that requires B's release under the lead of the plaintiff, and the plaintiff was also threatened with arrest from the government security bureau of Egypt government.

Therefore, the Plaintiff constitutes a refugee who is in danger of persecutioning life and body from the Egypt government and security bureau on the grounds of political opinions opposing the Egypt government at the time of returning home.

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. “Refugee” is due to well-founded fears recognizing that a person is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group or political opinion.

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