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(영문) 서울행정법원 2017.03.23 2016구단31336
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 13, 2013, the Plaintiff filed an application for refugee status with the Defendant on June 22, 2015, while entering the Republic of Egypt (hereinafter “Egypt”) and staying in the Republic of Korea as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”).

B. On November 13, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion to the Plaintiff does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter “instant disposition”).

C. On November 23, 2015, the Plaintiff filed an objection with the Minister of Justice on November 23, 2015, but rendered a final decision dismissing the Plaintiff’s application on October 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion was assigned to the police on the ground that the Plaintiff participated in the anti-government demonstration prior to entry into the Republic of Korea, and thus, there is a risk of being threatened by the government or being arrested.

Therefore, if the Plaintiff returned to Egypt, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it is highly likely that the Plaintiff might be stuffed due to the above circumstances.

B. In full view of the following circumstances, it is insufficient to deem that there was a well-founded fear of persecution to the Plaintiff, and there is no other evidence to prove otherwise.

The defendant's disposition of this case is legitimate.

1 It is true that Egypt government has been harming the unslock group when based on objective state situation. However, this is limited to the members who are engaged in or active activities by Mslock group executives, and it is limited to the members who are simple support by the government or general members.

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