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(영문) 서울고등법원 2019.10.18 2019누48198

난민불인정결정취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

(1) In citing the first instance judgment under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, the reasoning of the judgment by this court shall be added to the following matters:

The summary of the grounds of appeal by the plaintiff is that the term "guidelines 2 on International Protection" prepared by the United Nations Refugee Agency (UNFCCC), which is a member of a specific social group, has to be developed and interpreted (Evidence 5), and that the vulnerable country index of Egypt in 2018 accounts for 36th 8.7th 88.7 (including 93.2, 28th 28th ), which is similar to that of North Korea (including 1, 2, 3th 3th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th ), and gypt in Egypt, despite the fact that gypt was subject to terrorism and serious discrimination from Islamic organizations, the Egypt government is not able to protect them (Evidence 7 through 9 of the Ath 7th 9), and considering the circumstances where credibility can be recognized, the plaintiff's statement should be recognized as a refugee.

According to the statement made by the Plaintiff at the time of the refugee interview, about 20 persons of the friendship friends of C and the Plaintiff’s spouse, who are in the relationship of the Plaintiff’s spouse, threaten the Plaintiff is only the day when the Plaintiff took personnel service in the Plaintiff’s native house together with B, and no threat was made thereafter, and then the Plaintiff was sent at the Plaintiff’s native D’s home in E without any problems.

According to these circumstances, if the plaintiff returned to Egypt, it is difficult to view that there is a risk of suffering from gambling from the friendship of the plaintiff's spouse.

The threat of the plaintiff's spouse is merely a threat of a private person, which is dissatisfied with the fact that the plaintiff's existence of his/her spouse mixed with helicopters B.

This is, in principle, a matter to be resolved by requesting protection to Egypt judicial authorities, which are nationality countries, and according to the statement made by the plaintiff at the time of refugee interview, the plaintiff reported to the police about the threat he/she received.