logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.08.10 2017구단19531
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 January 11, 2017, the Plaintiff filed an application for refugee status with the Defendant on June 4, 2017, while entering the Republic of Korea on a short-term visit (C-3) sojourn status on June 4, 2012 and staying there.

B. On April 5, 2017, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently based fear that she would be injured” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff, while operating a factory with the goods on credit, was threatened with murder by the obligees as it was not repaid thereafter.

Therefore, if the Plaintiff returned to Egypt, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it is highly likely that the Plaintiff might be stuffed due to the above circumstances.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The reason for the plaintiff's argument is that "the plaintiff is under threat from creditors because he/she has failed to repay money." Even if the plaintiff's argument is acknowledged as a whole, it is merely a matter to be resolved by the plaintiff using his/her own judicial system, unless there is any evidence to prove that Egypt government impliedly or neglected an act of gambling by a private person for the above reasons due to a private threat. Such threat is a member of the plaintiff's race, religion, nationality, or a specific social group.

arrow