(영문) 서울행정법원 2018.05.10 2018구단52160

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(영문) 서울행정법원 2018.05.10 2018구단52160

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, who is a national of the Republic of Egyp of Egyp (hereinafter “Egyp”) of the Republic of Egypt (hereinafter “Egypt”), entered the Republic of Korea on March 27, 2017, with the status of stay B-2 (tourism).

B. On April 20, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on April 28, 2017, the Defendant rendered 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 June 13, 2017, 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 December 7, 2017.

[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. The Plaintiff’s assertion was made by Egypt, a home country, as an automobile driver of a pharmaceutical company.

However, a pharmacy, which is a customer, received a transaction amount of USD 100,000 from USD 10,00 and transported to the company, from four robbery.

Then, the Plaintiff was threatened with murdering unless he/she finds the proceeds from the robbery from the president of a pharmaceutical company and the president of a pharmacy, who is a customer. If the Plaintiff returned to Egypt, who is a home country, it is likely that the Plaintiff may be threatened with threat to life or physical freedom from the president of a pharmaceutical company and the president of a pharmacy, who is a customer.

Nevertheless, the defendant's disposition that did not accept the plaintiff's application for refugee status is unlawful and thus should be revoked.

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