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(영문) 서울행정법원 2017.03.24 2016구단31602
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, a Egypt nationality, entered the Republic of Korea on December 26, 2015, and applied for refugee status to the Defendant on January 4, 2016.

B. On January 28, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On February 22, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on June 30, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 2015. 6. 25. 이집트 마할라 알쿠브라시의 알� 광장에서 열린 고실업율 비판과 일자리를 요구하는 평화시위에 참여하였는데, 당시 경찰이 원고를 무슬림형제단으로 오인하여 체포하려고 하여 도망하였으나 수배중이다.

The police considered the arrested people from among the participants of the demonstration as an unslicked group and gave advisory advice to them.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1.2 of the Refugee Act).

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