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(영문) 서울행정법원 2019.05.23 2019구단1183
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, a foreigner of Egypt nationality, entered the Republic of Korea on September 20, 2017, with the status of stay of the Tourism Department (B-2).

B. On October 13, 2017, the Plaintiff applied for recognition of refugee status to the Defendant. However, on October 25, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to 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.

C. The Plaintiff filed an objection with the Minister of Justice on November 20, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on September 3, 2018.

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

2. Whether the instant disposition is lawful

A. In the Plaintiff’s assertion, the dispute arose between the Plaintiff’s family and the neighbor’s land issues.

Of the dispute, the plaintiff had a big face, and the punishment of the plaintiff, which caused the death of neighbor, was caused by the death of neighbor as a deadly weapon of neighbor's head.

As the plaintiff's punishment escape to Germany, neighboring family members threatened the plaintiff to kill the plaintiff.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee even though it is likely to be detrimental to gambling due to such circumstances is unlawful.

B. 1 The term “refugee” means 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 particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

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