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(영문) 서울행정법원 2018.09.06 2018구단12964

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 February 8, 2017, the Plaintiff filed an application for refugee status with the Defendant on February 23, 2017, while entering the Republic of Korea as a foreigner with Egypt nationality of Egypt (B-2) sojourn status and staying in the Republic of Korea.

B. On March 23, 2017, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.

C. On May 4, 2017, the Plaintiff filed an objection with the Minister of Justice on May 4, 2017, but rendered a final decision to dismiss the Plaintiff’s application on March 21, 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. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion was that the Plaintiff inflicted an injury upon the victim who was traveling on an expressway without permission in his/her home country. After that, the victim’s family demands the Plaintiff to make an excessive agreement, and attempted to pose a threat of retaliation while tracking the Plaintiff’s whereabouts.

Therefore, if the Plaintiff returned to Egypt, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it is highly likely that the Plaintiff might be stuffed due to the above circumstances.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The reason for the persecution alleged by the Plaintiff is that “the Plaintiff is threatened by a traffic accident from the family members of the victim who suffered the injury,” and even if all of the Plaintiff’s allegations are accepted, it is a private threat.

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