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(영문) 서울행정법원 2019.10.11 2019구단11159
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 is a foreigner of Egypt nationality.

On July 27, 2017, the Plaintiff applied for refugee status to the Defendant on October 31, 2017, which was after the expiration date of the period of stay ( October 25, 2017), when entering and staying in the Republic of Korea for a short-term visit (C-3) sojourn on a short-term basis.

B. On May 28, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 12, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on May 27, 2019.

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

2. Whether the instant disposition is lawful

A. The key point of the Plaintiff’s assertion was that the Plaintiff operated Egypt with automobile parts.

The plaintiff, while making a dispute with the employee of the business partner, was used in the floor that the plaintiff was his hand, and immediately returned to the hospital, but eventually died.

After that, the Plaintiff was threatened with murder from the bereaved families of the said employee.

Therefore, even though there is a well-founded fear that the plaintiff would be stuffed when he returns to Egypt, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked because it is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice is a well-founded fear that is likely to be persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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