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(영문) 서울행정법원 2019.06.26 2019구단6249
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 August 21, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”), and applied for refugee status to the Defendant on September 19, 2017.

B. On April 30, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on May 25, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 4, and Eul evidence 1 through 3, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a threat of murder from the Plaintiff’s family members on the ground that he/she brought about an honor of the Plaintiff due to the fact that he/she had been living together with his/her father-child in Egypt, which is a nationality country.

In addition, the plaintiff was arrested by the police at the time when he was arrested by the police, and was threatened by the police even after the release.

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. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear of being recognized that he/she may be detrimental to the country of nationality on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.

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