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(영문) 서울행정법원 2015.07.17 2015구단5446
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 23, 2014, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Egypt (B-2, the period of stay 30 days) and applied for refugee recognition to the Defendant on December 2, 2014.

B. On December 23, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On October 25, 2014, the Plaintiff’s assertion participated in a large-scale demonstration requiring the reform of Egyptian government located in Al Mahla Al Kubra, and the government conducted an examination by extinguishing and holding a demonstration participant with force, and the Plaintiff was detained for 15 days on November 10, 2014 on the following day on the ground that he/she participated in the demonstration, and was detained for 15 days on the ground that he/she participated in the police, and was sent back to another area immediately thereafter.

During the period of time, the police was missing for the plaintiff's family, and the plaintiff entered the Republic of Korea due to the threat of the police authority continued to exist.

Therefore, even though there was a well-founded fear that the Plaintiff returned to Korea due to Egypt, such as being arrested and detained by the government authorities, the Defendant did not recognize the Plaintiff as a refugee, the instant disposition is unlawful.

(b) The definitions of terms used in this Act under relevant Acts and subordinate statutes shall be as follows:

1. The term "refugee" means a refugee shall not be protected by the protection of his/her nationality due to well-founded fear of recognizing that he/she may be injured by race, religion, nationality, status as a member of a specific social group, or political opinion;

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