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(영문) 서울행정법원 2018.05.01 2018구단50751
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 December 27, 2016, the Plaintiff entered the Republic of Korea with the status of non-Visa (B-2) visa on December 27, 2016, and applied for refugee status to the Defendant on January 13, 2017.

B. On January 23, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff 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 prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 27, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that he supported Egypt B and carried out an unslateral coloning activity. The Plaintiff did not join the Egypt, but the Plaintiff’s punishment, along with the Plaintiff’s request for reduction of the C-Sllim type, participated in twice twice on January 25, 201 and December 25, 201.

The Egypt government defined the Unslateral Zone as an illegal organization, and arrested, mep, and mepists and supporters, and the Plaintiff was arrested at the police around January 2014 and was investigated into detention for one month on the ground that the Plaintiff’s punishment was missing, which was the Unslateral Zone, was arrested at the police around January 2014.

In the event that the Plaintiff’s return to a country of nationality is likely to be stuffed by being arrested, detained, etc. on the ground that the Plaintiff supported the Muslim penal group, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. Determination 1 Article 2 Subparag. 1 of the Refugee Act, and the Refugee Convention.

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