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(영문) 부산지방법원 2018.02.02 2017구합3718
난민불인정처분취소
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) Plaintiff’s entry into the Republic of Korea and refugee application - Nationality: Egypt (hereinafter “Egypt”) - Entry and refugee application: Application for refugee status on April 3, 2016

B. The Defendant’s decision on April 5, 2017 to recognize refugee status (hereinafter “instant disposition”) - The applicant cannot be recognized as having a sufficiently-founded fear that the applicant would suffer from persecution.

C. Plaintiff’s objection - Formal objection to the Minister of Justice on May 16, 2017 - the fact that there is no dispute over the dismissal decision (based on recognition) on October 11, 2017, the entries in Gap 1, 2, Eul 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, around around 2015, there was a fighting of neighbors, but there was an accident that a male in the fighting match died of the other female in a knife. The victim’s surviving family member reported the Plaintiff to the police as a suspicion of murdering and aiding the Plaintiff and abetting the Plaintiff, and the Plaintiff tried to take a retaliation against the Plaintiff, such as kidnapping the Plaintiff’s children for one week, and then the Plaintiff went to the Republic of Korea.

Therefore, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful, since the Plaintiff’s return to Egypt is likely to be stuffed again.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear 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, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

(c) judgment;

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