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(영문) 서울행정법원 2018.11.29 2018구단20217
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 on September 29, 2016 as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) of the Republic of Egypt (hereinafter “Egypt”).

B. On October 19, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on October 19, 2017, the Defendant rendered a disposition on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded grounds for fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (1951 Convention, hereinafter “Refugee”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Refugee Protocol on the Status of Refugees.

C. On October 27, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but 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 Nos. 1 through 4, Eul evidence Nos. 1 through 3 and 5 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff was living in the same village as the police officer B, which was a police officer, and the police officer had several threats to the Plaintiff in order to get the Plaintiff’s land deducted.

On May 2015, C, a police officer's private village, threatened the plaintiff with a knife, and the police officer also threatened the plaintiff with a gun around August 2016.

Since police officers still take the position of the plaintiff's land deduction and murdering the plaintiff, there is a concern that if the plaintiff return to Egypt, he would be threatened with his life or physical freedom.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Determination 1.

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