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(영문) 서울행정법원 2018.04.05 2018구단3526
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 November 1, 2016, the Plaintiff filed an application for refugee status with the Defendant on November 21, 2016 while entering the Republic of Korea as a non-Visa (B-2) sojourn status on November 1, 2016.

B. On June 14, 2017, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.

C. On June 21, 2017, the Plaintiff filed an objection with the Minister of Justice on June 21, 2017, but the decision dismissing the Plaintiff’s application was rendered on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The main point of the Plaintiff’s assertion was the Plaintiff’s addition and conflict with the neighbor, who died of the neighbor, was confined to prison, and died of a traffic accident after being released.

After that, there has been a problem between the plaintiff's South East East and the deceased's South East Korea, and the plaintiff tried to protect the South East Korea, and therefore, the neighboring family continues to threaten the plaintiff.

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 why the plaintiff asserts is a threat to neighbors on the ground that the plaintiff assaults neighbors.

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