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(영문) 서울행정법원 2018.07.04 2018구단4857
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. On December 3, 2016, the Plaintiff entered the Republic of Egypt (hereinafter “Egypt”) as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) and applied for refugee status to the Defendant on December 21, 2016.

B. On May 25, 2017, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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. On June 8, 2017, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on December 7, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff operated the company with two partners in Egypt.

As the company operated together with the Plaintiff becomes bankrupt, the above partners take the responsibility of the Plaintiff to compensate for the loss incurred thereby, and make a homicide from May 2016.

[or] The Plaintiff borrowed 450,000,00GP from three obligees in order to operate his/her business, and the Plaintiff could not repay the borrowed money from time to time and thus be subject to homicides by the obligees. Therefore, it is likely that the Plaintiff might be subject to imminent harm if the Plaintiff returned to Egypt.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, “refugee” is a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear of being recognized that he/she may be detrimental to persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.

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