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(영문) 서울행정법원 2016.06.17 2016구단2864
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 June 12, 2015, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) and applied for refugee status to the Defendant on June 25, 2015.

B. On August 13, 2015, the Defendant issued a disposition to recognize 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. On August 20, 2015, the Plaintiff filed an objection with the Minister of Justice on August 20, 2015, but the said objection was dismissed on December 14, 2015.

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

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff participated in the open demonstration from June 1, 2013 at Lavia square. Upon the completion of the demonstration, the Plaintiff was likely to be subject to an arrest from the police due to the misunderstanding of Muslim type.

In fact, on July 25, 2013, the police sought to find the plaintiff's house and arrest the plaintiff, and the plaintiff demanded the plaintiff to be present at the court of law as the plaintiff's house.

In order to avoid the threat of arrest, the plaintiff gets friendly and hidden.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

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, the country of nationality is unable to be protected due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or the protection of the country of nationality.

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