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(영문) 서울행정법원 2019.10.17 2019구단13018
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 Egypt (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”) on November 18, 2017.

B. On December 1, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on July 12, 2018, issued 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 stipulated in 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 August 22, 2018, 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 May 27, 2019.

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

2. The assertion and judgment

A. The Plaintiff’s assertion operated the trading company in Kuwait, and operated the company in such a way as to sell another person’s goods from Egypt to Libya, to receive the price from Libya and to pay the price again to the owner of the goods.

On November 2015, the Plaintiff sent a cargo vehicle carrying containers from Egypt to Egypt, and the cargo vehicle and the article were dead, making it impossible to identify the whereabouts.

As a result, the Plaintiff began to be urged to pay the amount to be paid to the Plaintiff from two owners of the container, and the Plaintiff was punished by imprisonment with labor for one year in Egypt courts, from the person who is "B" among two owners of the container, due to nonperformance of obligation.

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