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(영문) 서울행정법원 2020.01.16 2019구단71762
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 9, 2017.

B. On November 21, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on July 30, 2018, the Defendant rendered 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 Convention on the Status of Refugees (hereinafter “Refugee Convention”) Article 1 of the Convention and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On September 14, 2018, 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 July 30, 2019.

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

2. The assertion and judgment

A. The Plaintiff asserted that he was a taxi engineer from Egypt to Egypt, but caused a traffic accident resulting in the Plaintiff’s death of a pedestrian who was crossing without permission.

The plaintiff was investigated by the police about the above traffic accident and was finally acquitted by the court. After that, the victim's surviving families of the traffic accident threatened the plaintiff with murdering.

If the plaintiff returned to Egypt, he/she is likely to pose a threat to life or physical freedom from the victims of traffic accidents.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Determination 1: Refugee Act.

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