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(영문) 부산지방법원 2018.11.07 2018구단733
난민불인정처분취소
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. 1) On July 23, 2015, the Plaintiff entered the Republic of Korea with Egypt nationality as a foreigner of Egypt nationality, and applied for refugee status to the Defendant on August 22, 2015. (2) As to this, on June 20, 2017, the Defendant issued a disposition denying refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

B. On July 13, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on March 28, 2018.

[Ground for recognition] Unsatisfy

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a parasian, and the area where the plaintiff resides in Egypt has long been dispute between Islamic schools and Agypt.

When residing in Egypt, the plaintiff refused to pay Islamic employee's remuneration costs from Islamic type system, which is a shooting group, and was also subject to Guyta.

Currently, there are frequent requests for kidnapping and money by Islamic bridge. Thus, it is clear that if the plaintiff returned to Egypt, it would cause harm to life and body property. Thus, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

(b) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, could not 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).

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