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(영문) 서울행정법원 2018.06.14 2018구단7351
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 (hereinafter “Egypt”), entered the Republic of Korea on February 27, 2017, with the status of stay B-2 (tourism).

B. On March 27, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on April 13, 2017, the Defendant rendered 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 15, 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 on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is a member of the Non-Sllim-type group, who participated in the 3-4 anti-government demonstration.

Finally, when the plaintiff participated in the demonstration, the government found the plaintiff's house and led the plaintiff.

If the plaintiff returns to Egypt, he/she is likely to be threatened with life or physical freedom from Egypt government.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides sufficient grounds for recognizing that refugee status may be respected on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

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