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(영문) 서울행정법원 2019.06.19 2019구단1152
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 On April 3, 2017, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) sojourn status on April 3, 2017, and filed an application for recognition of refugee status with the Defendant on May 12, 2017 on the ground of “a threat to the family members of the victim of a traffic accident.”

② On February 27, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff cannot be deemed a person who is a refugee prescribed by the Refugee Act.”

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3 through 5, the purport of the whole pleadings

2. The Plaintiff’s assertion caused a traffic accident in Egypt, and the victim of the traffic accident was placed in a situation where the victim is unable to move, and the victim’s family intends to multiple families of the Plaintiff.

Accordingly, the plaintiff left the Egypt to protect his/her life and applied for refugee status of this case. However, when the plaintiff returned to Egypt, he/she may be killed at any time to the family of the victim of the traffic accident.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee should be revoked in an unlawful manner.

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 of “ multiple threats to the victims of traffic accidents” is on the ground of “a race, religion, nationality, status as a member of a specific social group, or political opinion,” which is the cause of persecution that serves as a requirement for recognition of refugee status by itself.

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