logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.04.27 2015구단17760
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 November 20, 2013, the Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea with the visa of the Tourism Department (B-2) and applied for refugee status to the Defendant on June 30, 2014.

B. On November 28, 2014, the Defendant issued 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 the Plaintiff 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 December 10, 2014, but was dismissed on September 24, 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. On July 2, 2013, the Plaintiff’s assertion participated in the peace demonstration supporting B in his/her home country. At the stage of the demonstration, friendlys were arrested at the police and left the Republic of Korea.

Currently, Egypt has a very confusion with political disputes, and Egypt Government has no ability to effectively protect its citizens from political disputes.

As such, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of persecution for political reasons, when the plaintiff is unable to obtain the protection of the country of nationality or does not want the protection of the country of nationality.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, 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