(영문) 서울행정법원 2019.03.14 2018구단21197

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(영문) 서울행정법원 2019.03.14 2018구단21197

난민불인정결정취소

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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 December 28, 2017.

B. On January 22, 2018, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on February 13, 2018, issued a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On February 23, 2018, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 3, 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. On April 2017, the Plaintiff asserted that the Plaintiff caused a traffic accident that caused the death of a person who is aboard his/her roadway by driving his/her motor vehicle on an expressway.

The plaintiff was prosecuted after being investigated by the police due to the above traffic accident, but was acquitted by the court.

However, there is a threat that the bereaved families of the victims of traffic accidents threaten to kill the plaintiff, and in fact, around November 2017, the punishment of the victims of traffic accidents attempted to kill the plaintiff as a whole.

If the plaintiff returns to Egypt, he/she is still likely to be threatened with life or physical freedom from the bereaved families of the victim of the traffic accident.

Nevertheless, the defendant did not accept the plaintiff's application for refugee status.

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