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(영문) 서울행정법원 2018.05.24 2018구단1308
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, who is a national of the Republic of Egyp of Egyp (hereinafter “Egyp”) of the Republic of Egypt, entered the Republic of Korea with the status of stay B-2 (tourism) March 13, 2017.

B. On April 10, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on April 13, 2017, issued 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 of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On May 19, 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 as on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion participated in a demonstration against the Egyptian government’s adoption of the exchange rate system in around 2016, and was sentenced to imprisonment with prison labor for ten years and property forfeiture on the grounds of suspicion that he/she opposed to the government’s decision and caused cushion by the Government.

If the plaintiff returned to Egypt, which is its home country, is likely to pose a threat to life or physical freedom due to political problems as above.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a certain social group may be deprived of his/her status or political opinion on the ground of race, religion, nationality, status as a member of a particular social group.

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