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(영문) 서울행정법원 2018.10.18 2018구단15864
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 as a foreigner of the nationality of the Republic of Egyp of Egyp (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”) on November 25, 2016.

B. On December 15, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on July 31, 2017, issued a disposition on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuge to the 1951 Convention Relating to the Status of Refugees” under Article 1 of the Refugee Convention (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On August 23, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on March 21, 2018.

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

2. The assertion and judgment

A. The Plaintiff asserted that he/she married with his/her wife on November 2016, and the relationship between the Plaintiff’s wife and his/her wife wanted to marry the Plaintiff’s wife, and opposed to the marriage between the Plaintiff and the Plaintiff’s wife.

However, the plaintiff and the plaintiff's wife began to threaten the plaintiff to kill the plaintiff.

They found the office of the plaintiff's parent and tried to hold the office, and reported the plaintiff to the police as a suspicion of unauthorized intrusion, theft, etc.

If the plaintiff returns to Egypt, he/she is likely to be threatened with the third village of the plaintiff's wife and his/her children's physical freedom.

Nevertheless, the plaintiff's application for refugee status is rejected.

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