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(영문) 서울행정법원 2020.07.21 2020구단8708
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts: (a) on July 5, 2017, the date of entry into the Republic of Korea of the U.S. on the date of the application for visa exemption (B-2) refugee status exemption (hereinafter “instant disposition”) on the date of the application for refugee status exemption (hereinafter “instant disposition”) on the date of January 11, 2019; (b) on May 17, 2019, the date of the application for refugee status exemption; (c) there is no dispute over the grounds for recognition of refugee status exemption; (d) there is no ground for recognition of the decision of rejection of the decision of April 21, 2020 as of the date of the application for objection; (e) Gap’s evidence 1 through 4, Eul evidence 1 and 2; and (e) the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a traffic accident in Egypt, and as the victim died, his bereaved family members demanded excessive compensation and threatened the Plaintiff with murder.

In the event that the Plaintiff returned to Egypt, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of persecution in the above circumstances is unlawful.

B. (1) 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 on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “contributingly-founded fear.”

In light of the following circumstances that are recognized as comprehensively taking into account the Doshel Doshel and the respective descriptions of the evidence Nos. 3 and 4 (including paper numbers) and the overall purport of the pleadings:

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