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(영문) 부산지방법원 2019.02.13 2018구단2180
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. (1) On June 7, 2017, the Plaintiff entered the Republic of Korea with Egypt nationality as a foreigner of Egypt nationality, and applied for refugee status to the Defendant on August 21, 2017. (2) As to this, on August 29, 2017, the Defendant rendered a disposition not to grant refugee status (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have a well-founded fear that the Plaintiff would suffer from persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

B. On September 25, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on June 12, 2018.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff asserted that, while running a computer-related business from Egypt to Egypt, the Plaintiff entered the Republic of Korea as a threat to his/her life and body as well as the recovery of investments from its partners. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion (Article 2 subparag. 1 of the Refugee Act). In such a case, “persecution” which is a requirement for recognition of refugee status may be deemed as “an act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom,” and “an act causing serious infringement of, or discrimination against, essential human dignity” (see, e.g., Supreme Court Decision 2007Du19539, Jul. 24, 2008).

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