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(영문) 서울행정법원 2016.11.11 2016구단22608
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Egypt - Entry into the Republic of Korea and refugee application: Entry into the Republic of Korea on September 4, 2014 (Status of Sojourn: B-2) / Application for refugee recognition on September 18, 2014

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No well-founded fear of fear may be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on May 31, 2016 [based on recognition], Gap’s evidence Nos. 1 and 2, Eul’s evidence Nos. 1 through 5, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion took place in around 2009, and was arrested and detained for one month after participating in a demonstration in opposition to military misconduct in around 201.

There is a well-founded fear of being arrested and detained when returning to Korea with Egypt, so there is a fear that there is sufficient grounds to recognize that a certain social group's member's status or political opinion may be harmed.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the following circumstances revealed by the evidence as seen earlier, when comprehensively considering the following circumstances, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge this.

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