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(영문) 서울행정법원 2019.09.26 2019구단10279
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, entered the Republic of Korea with the status of stay B-2 (tourism) on January 18, 2016.

B. On August 16, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on October 15, 2018, 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 “profuges with sufficient grounds for fear of persecution” as stipulated in 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.

C. On November 13, 2018, 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 April 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff participated in an open anti-government demonstration on September 2015, and the Plaintiff’s private villages and friendships who participated together at the time were arrested by the police, and the Plaintiff was suspected of destroying public facilities and engaging in anti-government activities, and was assigned a police officer’s boom.

When four to five months have passed since the Plaintiff entered the Republic of Korea, the Plaintiff had a 10-year punishment became final and conclusive due to a substitute judgment from Egypt.

In the event that the plaintiff returns to Egypt, he/she is still arrested for the above reasons.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides for refugee status.

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