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(영문) 서울행정법원 2018.08.31 2018구단13905
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 October 19, 2016, the Plaintiff, as Egypt nationality, entered the Republic of Korea with visa exemption (B-1) status on October 19, 2016, and applied for refugee status to the Defendant on November 2, 2016.

B. On May 24, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On June 7, 2017, the Plaintiff was notified of the instant disposition and filed an objection with the Minister of Justice on June 27, 2017, but the said objection was dismissed on the same ground as on March 21, 2018.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On August 5, 2016, the Plaintiff’s assertion was led to a demonstration that requires the provision of youth jobs and the release of political offenders, and was detained for two weeks in the police, and participated in an open demonstration in the Pacific City even thereafter, and the Egypt government may arrest the Plaintiff on the ground that the Plaintiff may join a terrorist organization.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1.2 of the Refugee Act).

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