logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.11.08 2018구단14441
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, who is a national of the Republic of Egyp of Egyp (hereinafter “Egyp”) of the Republic of Egypt, entered the Republic of Korea with the status of stay B-2 (tourism) August 1, 2017.

B. On August 21, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 29, 2018, the Defendant rendered 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 prescribed by 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 July 16, 2018, the Plaintiff appealed to the instant disposition and filed the instant lawsuit.

(A) The plaintiff did not raise an objection to the Minister of Justice). 3. [Grounds for recognition] The plaintiff did not dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserted that, around 2014, the Plaintiff borrowed the amount of USD 15,00 equivalent to that of USD 15,00 from the senior to the name of “B.”

However, as the Plaintiff failed to repay the above borrowed money, “B” began to demand the Plaintiff to pay the borrowed money, and during that process, the Plaintiff made a statement to see “B” to the Plaintiff. If the Plaintiff is to return to Egypt, which is one of its home countries, there is a concern that such cause may threaten the Plaintiff’s 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. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a particular social group of refugees is a race, religion, nationality, or political person or a member of a particular social group.

arrow