logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.01.08 2019구단13162
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The circumstances leading up to the decision of non-recognition of refugee status ① The Plaintiff entered the Republic of Korea on November 14, 2017 with B-B status of tourism and Tong (B-2) resident of the Republic of Egyp of Egypt, and filed an application for refugee status with the Defendant on November 30, 2017 on the ground of “constition to the family members of the traffic accident victim.”

② On July 26, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “A criminal case between private persons does not meet the requirements for refugee status under the Refugee Act, and if threatened, it appears that the judicial authority of the country of origin may request protection, and the victim’s family members may be considered to move to other areas within the affected country.”

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on May 27, 2019.

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

2. The plaintiff's assertion caused a traffic accident in Egypt and caused the injury of the victim to cut off four fingers, but the victim's family sought to kill the plaintiff and did also attack the plaintiff's son who was attending a middle school.

The plaintiff was living in the Republic of Korea in all areas of Egypt.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

3. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the former Refugee Act, Article 1 of the 1951 Convention on the Status of Refugees, and Article 1 of the 1967 Protocol on the Status of Refugees, “persecution” which serves as the requirement for recognition of refugee status should be limited to “a race, religion, nationality, status as a member of a specific social group, or political opinion.”

The Plaintiff’s assertion that “a threat to retaliation against the victim of a traffic accident” itself constitutes a requirement for recognition of refugee status.

arrow