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(영문) 서울행정법원 2017.06.09 2017구단5365
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the process of the disposition, the following facts are: (a) there is no dispute in which there is no ground for recognizing the contents of the decision of the decision of the Supreme Court on July 18, 2016, as of the date of the application for refugee status recognition (B-2) on May 1, 2016, and (b-2) on the date of entry into the Republic of Korea of the U.S. on May 1, 2016; (b) the date of the application for refugee status recognition (hereinafter “instant disposition”); (c) the facts that there is no ground for recognizing the contents of the decision of the decision of the decision of the Supreme Court on October 27, 2016, as of the date of the application for objection; (d) the statements in subparagraphs 1, 2, and 1 and 2, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Egypt Republic of Egypt (hereinafter "Egypt").

The plaintiff sent a traffic accident where the victim died in Egypt and was threatened with murder from his family members.

The Plaintiff entered the Republic of Korea after leaving the damaged Egypt.

As such, the Plaintiff’s return to Egypt is likely to threaten the said victim’s family members, and thus, it should be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, does not want to return to the country in which he/she had resided before entering the Republic of Korea, or who is a state of nationality and who does not want to return.”

In the instant case, even if the Plaintiff was threatened to the bereaved family members of the victim of a traffic accident according to the Plaintiff’s assertion, this does not constitute a ground for recognition of refugee status under the Refugee Act, where the matter of request for protection is within the judicial system of Egypt.

The plaintiff is under the unstable state of Egypt in this court, and is under the attitude of Egypt.

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