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(영문) 서울행정법원 2019.08.27 2019구단9286
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the process of the disposition, the Plaintiff’s non-Visa (B-2, 30 days) visa (B-2, and 30 days) applied for refugee status on December 26, 2017 (hereinafter “instant disposition”) (hereinafter “instant disposition”) on January 19, 2018, the date of application for refugee status recognition: (a) February 14, 2018, the date of notification of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of February 14, 2018; (b) there is no dispute concerning the grounds for recognition of the rejection of the decision of the decision of April 10, 2018; (c) there is no ground for recognition of the rejection of the decision of the decision of the decision of April 10, 2019

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion made a traffic accident in Egypt and caused the death of the victim, and the victim’s bereaved family threatened the Plaintiff’s death.

In the event that the plaintiff returned to Egypt, there is a risk of being killed by the victim's bereaved family, and there is concern about criminal punishment for the above traffic accident case.

Therefore, even though the Plaintiff is recognized as a refugee, the instant disposition that did not recognize the Plaintiff as a refugee 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 Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

Doshed refugee interviews asserted by the Plaintiff.

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