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(영문) 서울행정법원 2018.11.22 2018구단17907
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 entered the Republic of Korea as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”) on November 18, 2016.

B. On December 16, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on July 31, 2017, issued a disposition on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuge to the 1951 Convention Relating to the Status of Refugees” under Article 1 of the Refugee Convention (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition on August 7, 2017, and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on June 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion has participated in the demonstration two times in Egypt. The first demonstration was a demonstration demanding the withdrawal of Egypt president at the time B (B; hereinafter “B”). The second demonstration opposed C (C; hereinafter “C”) with political inclination, such as B, to go on the opposite line and demanded the replacement of government power.

When the plaintiff participated in the second demonstration, a photograph was taken in the police, and it was apprehended to be arrested at the police, so it was found to be the Republic of Korea.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a refugee is a race, religion, nationality, and a particular social group.

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