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(영문) 서울행정법원 2019.01.25 2018구단21487

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 11, 2016, the Plaintiff, as a Egypt nationality, entered the Republic of Korea with tourism Tong (B-2) sojourn status on February 11, 2016, and applied for refugee status to the Defendant on June 17, 2016.

B. On September 18, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On September 27, 2017, the Plaintiff was notified of the instant disposition and filed an objection with the Minister of Justice on October 23, 2017, but the said objection was dismissed on the same ground as on June 12, 2018.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. While the Plaintiff asserted that the Plaintiff died of water due to the wind which is very wind, the case of death of a passenger due to the wind, and the bereaved family members of the Plaintiff attempted to kill the Plaintiff as the victim’s bereaved family members are multiple.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparag. 1 of the Refugee Act). However, even if the plaintiff's assertion is recognized, there is concern for the plaintiff.