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(영문) 서울행정법원 2019.03.29 2018구단23261
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 August 22, 2017, the Plaintiff entered the Republic of Korea with the nationality of the Republic of Egyp of Egyp (hereinafter “Egyp”), and applied for refugee status to the Defendant on September 18, 2017.

B. On September 22, 2017, the Defendant rendered a decision to deny refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as stipulated by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) as a requirement for refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on November 9, 2017, but the Minister of Justice dismissed the objection on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he operated the factory in Egypt, and was demanded to pay money from violent actors around May 2017.

The plaintiff reported to the police, but there was no particular measure, and violence has continued to threaten the plaintiff without giving money, and eventually, the plaintiff was within the factory.

Therefore, if the plaintiff returned to Egypt, it will be threatened again from the above violence crime.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status and treatment of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, there is a well-founded fear to recognize that refugee status may be persecution for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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