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(영문) 서울행정법원 2018.05.24 2018구단6259
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, who is a national of the Republic of Egyp of Egyp (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”), entered the Republic of Korea on May 30, 2017, with the status of stay B-2 (tourism).

B. On June 12, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on June 29, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On July 11, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on December 7, 2017.

[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 asserted that he/she participated in approximately 9-10 anti-government demonstrations from June 30, 2014 to July 28, 2014. Accordingly, he/she was arrested at home on September 1, 2014 and detained for about 1 year.

After that, the Plaintiff was investigated by the police twice on September 15, 2015 and December 5, 2015. The Plaintiff was asked by the police about the Plaintiff’s participation in the demonstration, the history of joining the Muslim group, etc.

If the plaintiff returns to Egypt, he/she is likely to be threatened with life or physical freedom from Egypt government.

Nevertheless, the disposition of this case which rejected 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 refugee shall be a race, religion, nationality, and nationality.

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