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(영문) 서울행정법원 2016.07.08 2016구단6859
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 July 10, 2014, the Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea with a visa for tourism and Tong (B-2), and applied for refugee status to the Defendant on July 14, 2014.

B. On October 22, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would suffer from persecution as a requirement of refugee under 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 November 28, 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. The Plaintiff asserted that he participated in the anti-government demonstration in Egypt, and the sentence to which he participated in the demonstration was killed at the site of the demonstration, and the Plaintiff was examined by the police on the grounds that he was related to punishment, and the police officer in his home country and the military division were incompetence, resulting in the Plaintiff’

If the Plaintiff returned to Egypt, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of political persecution.

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, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or do 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, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is threats to life, body, or freedom.

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