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(영문) 서울행정법원 2019.10.17 2019구단12831
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. The Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”) on October 18, 2017.

B. On November 10, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on September 6, 2018, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 12, 2018, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the Plaintiff’s objection on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 3 and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was owned by the Plaintiff’s farmland in Egypt, but there has been disputes with neighbors who owned neighboring land.

In the process of dispute between the plaintiff's addition and the neighbor, B, a neighbor, was assaulted by the plaintiff. However, B, after hearing this news, has used a pipe and attacked against the plaintiff.

Accordingly, the plaintiff also used a pipe to defend, and the head of B was at the price. As a result, B was at the price of cerebral blood death.

The plaintiff was tried by the Egypt court in the above case, but the judgment of not guilty was rendered by recognizing self-defense.

The surviving families of B are threatening to kill the plaintiff and threaten the plaintiff.

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