logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.07.08 2016구단2932
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 5, 2013, the Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea with the visa of the Tourism Department (B-2). On July 22, 2014, the Plaintiff applied for refugee status to the Defendant.

B. On August 5, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. As to this, the Plaintiff filed an objection with the Minister of Justice on August 17, 2015, but the said objection was dismissed on December 14, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion participated in a demonstration that demanded the withdrawal from B in his own country in 2011, and participated in the demonstration that supported C in 2012, and participated in the demonstration that demanded the return of C former president on June 30, 2013.

The plaintiff left the Republic of Korea after the suppression of the demonstration by force, reported that the friendlys participating in the demonstration were arrested, and thereafter the police visited the plaintiff's house from his family in his own country.

In the event that the Plaintiff returned to his home country is likely to be stuffed on the grounds of political opinion, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, it is within the territory of the Republic of Korea in which the protection of the country of nationality is not possible or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

arrow