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(영문) 서울행정법원 2017.05.11 2017구단2182
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 14, 2014, the Plaintiff entered the Republic of Egypt (hereinafter referred to as “Egypt”) as a foreigner of the nationality of the Republic of Egypt (hereinafter referred to as “Egypt”) and applied for refugee recognition to the Defendant on November 2, 2015 after the expiration of the period of stay (B-2).

On November 24, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

The Plaintiff filed an objection with the Minister of Justice on December 4, 2015, but was dismissed on October 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff participated in any demonstration conducted by the Egypt anti-government organization, which is a Egypt anti-government organization, and is likely to be persecutiond by Egypt police officers and soldiers.

The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, do not want to be protected by the country of nationality, or who, owing to such fear, cannot return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who did not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status

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