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(영문) 서울행정법원 2019.06.20 2019구단53566
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 October 18, 2017, the Plaintiff, as a foreigner of Egypt nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status and applied for refugee status to the Defendant on January 16, 2018.

B. On January 23, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that, as to the Plaintiff, it cannot be recognized as a “founded well-founded fear of 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.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on February 26, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion belongs to B's door, which owns a wide area of land in Egypt. The dispute between B's door and C's door arises with the ownership of land between B's door and C's door, and both of them murdered with each other. C's door was set as the object of multiple copies of the plaintiff's attachment, but C's death was found to be multiple of the plaintiff.

In the event that the Plaintiff returned to Egypt, he/she may be killed from the inquirer of C, so the instant disposition made on a different premise is unlawful, even though the Plaintiff constitutes a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she is able to be injured on the ground of his/her status as a member of

B. Article 2 subparag. 1 of the Refugee Act does not want to be protected or protected by the country of nationality due to well-founded fear of recognizing that “refugees” may be harmed on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.

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