(영문) 서울행정법원 2019.03.14 2018구단22312

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울행정법원 2019.03.14 2018구단22312

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 Egyp of Egyp (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”) on July 31, 2017.

B. On August 23, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on August 30, 2017, 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 of persecution” as prescribed by 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 September 19, 2017, 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 on June 12, 2018.

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

2. The assertion and judgment

A. The Plaintiff’s assertion did not join B as a member of B, but supported B, and there was little error in participating in B’s meeting from around 2009 to around 2012 with warning.

In addition, there was a little way to deliver food to those who participated in the anti-government demonstration in 2013.

The plaintiff was arrested in around 2013 and detained for about one month due to such behavior, and could have given a bribe to the police.

If the plaintiff returned to Egypt, he/she may still be threatened with life or physical freedom from Egypt government which thought that he/she is related to B.

Nevertheless, the defendant's disposition that did not accept the plaintiff's application for refugee status is unlawful.

유사 판례

-서울행정법원 2018.11.15 2018구단18894

-서울행정법원 2018.08.16 2018구단11015

-서울행정법원 2019.07.18 2019구단7396

-서울행정법원 2018.06.14 2018구단7351

-서울행정법원 2019.07.04 2019구단58400