(영문) 서울행정법원 2018.09.28 2018구단15956

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(영문) 서울행정법원 2018.09.28 2018구단15956

난민불인정결정취소

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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 August 10, 2017, the Plaintiff, as Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on August 10, 2017, and applied for refugee status to the Defendant on August 30, 2017.

B. On September 8, 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. The Plaintiff filed an objection with the Minister of Justice on October 16, 2017, but the said objection was dismissed on the same ground as on June 12, 2018.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he participated in a demonstration, etc. supported the former president and supported him; the Plaintiff experienced conflict with the former president; the former president was arrested and investigated by the police in relation to terrorist incidents that occurred in Si/Do in Do in 2016, and around May 2017, the Plaintiff was arrested and investigated by the police; and the Plaintiff was arrested and investigated by the police.

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” means 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 foreigner who is unable or does not want to be protected, or a country in which he/she resided before entering the Republic of Korea due to such fear.

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