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(영문) 서울행정법원 2016.02.19 2015구단19544
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. The Plaintiff entered the Republic of Korea on November 20, 2013 with the nationality of the Republic of Egypt (hereinafter “Egypt”) as a foreigner of the Republic of Egypt (hereinafter “Egypt”), and applied for refugee status to the Defendant on May 30, 2014.

B. On April 21, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on May 4, 2015, but the said objection was dismissed on September 24, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was from Egypt Ghara, Gharba, and resided in the same village with his parent, two mar, and one mar.

Around September 20, 2013, the Plaintiff’s attachment decided to purchase a side house and paid the seller a sum of 75,000 of the purchase price to the seller. On November 1, 2013, when the Plaintiff’s attachment and the first sentence were found to receive the house, the seller did not receive money, and the Plaintiff’s attachment did not deliver the house to the seller, and during that process, the Plaintiff’s first sentence was the case of murdering two children of the seller.

Since then, the plaintiff's family members were faced with Egypt's completion, and the first punishment of the plaintiff was fleded with Saudi Arabia on November 10, 2013.

Since then, the victims' families threaten to kill the plaintiff, who is a child, and find the plaintiff, and the plaintiff escaped to the Republic of Korea.

Therefore, when the plaintiff returned to Egypt, it would be imprisoned from the victim's family members as retaliation for murder.

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