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(영문) 서울행정법원 2015.11.27 2015구단14372
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 21, 2014, after the expiration of the period of sojourn ( December 6, 2013), the Plaintiff, a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) entered the Republic of Korea on November 6, 2013 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 21, 2014.

B. On September 29, 2014, the Defendant rendered a disposition of non-recognition of 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 suffer 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.

[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’s assertion was carried out as a member of the Unslateral Egypt, and the Plaintiff participated in the anti-government demonstration occurring in Egypt Raba, which occurred in Egypt Raba, after the withdrawal by the President B, and was released after being detained for about 70 days.

Since then, the plaintiff continued to participate in the demonstration, the Egyptian government reached the plaintiff's training.

The plaintiff is a refugee who is in danger of persecution on the ground of a political opinion, because he/she is forced to be tried at the time of his/her return to Korea or without the guarantee of legitimate procedures.

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” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear that he/she may be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or by such fear.

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