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(영문) 서울행정법원 2018.11.28 2018구단71888
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 Egypt (hereinafter “Egypt”) on July 15, 2017 and applied for refugee status to the Defendant on July 25, 2017, after entering the Republic of Korea.

B. On September 12, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “sufficiently based fear of 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on September 25, 2017, but was dismissed on June 12, 2018.

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

2. Whether the instant disposition is lawful

A. The surviving family members of the victim who died of a traffic accident caused by the Plaintiff’s summary of the Plaintiff’s assertion are threatening to kill the Plaintiff.

Therefore, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling when returning to Egypt, the instant disposition taken on a different premise is unlawful.

B. 1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, 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 of being recognized that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a non-national foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear. 2) The Plaintiff’s assertion is acknowledged.

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