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(영문) 서울행정법원 2019.01.16 2018구단22657
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 April 11, 2017, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) sojourn status on April 11, 2017, and applied for refugee recognition to the Defendant on May 8, 2017.

B. On February 13, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On March 16, 2018, the Plaintiff filed an objection with the Minister of Justice on March 16, 2018, but the objection was dismissed on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On August 14, 2013, the Plaintiff’s summary of the Plaintiff’s assertion was released after the Plaintiff participated in Egypt’s opposing demonstration and was arrested. After that, around June 2014, the Plaintiff was employed in Kuwait and was repatriated by Egypt government around Egypt and the Kuwait government around 2017. Accordingly, three employees of Egypt were repatriated to Egypt.

Plaintiff

It is also possible to be repatriated to Egypt and re-detained according to the repatriation agreement, because there was a history of being arrested in Egypt in the past.

Therefore, inasmuch as there exists a well-founded fear that if the Plaintiff returned to Korea with Egypt, the Plaintiff would be subject to gambling by the Egypt government, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. 1 The term “refugee” is a well-founded fear to recognize that a person is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a specific social group, or political opinion.

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