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(영문) 서울행정법원 2015.11.27 2015구단14723
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 December 8, 2013, the Plaintiff entered the Republic of Egypt (hereinafter “Egypt”) to and stayed in the Republic of Korea on tourism and Tong (B-2) sojourn status on December 8, 2013, and filed an application for refugee status with the Defendant on December 30, 2013, before the expiration of the period of stay ( January 7, 2014).

B. On September 12, 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. On January 25, 201, the Plaintiff joined the Egypt Revolution, and actively participated in the activities of the Egypte, such as participating in several times of demonstration, which led to the failure of the B government to find errors, and demand job and livelihood.

When C, supported by the Muslim-type group, was elected to the President, the plaintiff was also involved in the demonstration supported by C Government.

However, after C was launched by Egypt on July 3, 2013, the Egypt government has slicked the unslick-type sector.

The plaintiff participated at the scene of the demonstration in a peaceful way, such as paradingding or going out with relief, and only he was subject to violence from the police, but did not have been arrested during the demonstration.

However, on June 30, 2013, Egypt Police sought to search for the plaintiff's house and arrest the plaintiff on the ground that the plaintiff participated in the demonstration, and the plaintiff escaped from the house to the other city.

The plaintiff is a member of the Unslive Forest Zone, and therefore, the government's mark has been attached to the demonstration. Therefore, the plaintiff has returned to Korea with Egypt.

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