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(영문) 서울행정법원 2017.08.24 2017구단18842

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 June 2, 2016, the Plaintiff filed an application for refugee status with the Defendant on June 22, 2016, while entering the Republic of Korea as a foreigner with Egypt nationality of Egypt status of stay (B-2) and staying in the Republic of Korea.

B. On July 11, 2016, 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 that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.

C. On July 25, 2016, the Plaintiff filed an objection with the Minister of Justice on July 25, 2016, but the decision dismissing the Plaintiff’s application was rendered on April 21, 2017.

[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 main point of the Plaintiff’s assertion is that the Plaintiff, while driving on an expressway, was shocked by a pedestrian who was unauthorized to cross the expressway and caused the death of another, and thereby, the Plaintiff was threatened by the victim’s family members.

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 under threat to the victim’s family members by causing the death of a person due to a traffic accident,” and even if the Plaintiff’s assertion is recognized, this is a private threat, and the Egyptian acts of persecution for the said reason.

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