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(영문) 서울행정법원 2020.01.22 2019구단70608
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The reasons for the decision to deny refugee status ① The Plaintiff entered the Republic of Korea on October 21, 2017 with B residents of the Republic of Egyp of Egyp of Egyp, and applied for refugee status to the Defendant on November 15, 2017 on the ground that “the family members of the person who died of the Plaintiff’s loss during his/her duties threaten the Plaintiff’s surviving family members during his/her duties.”

② On June 25, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “The grounds alleged by the Plaintiff are only a matter that the Plaintiff ought to resolve through its own judicial system, and does not meet the requirements for refugee status under the Refugee Act.”

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on May 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The Plaintiff’s assertion was made from Egypt as a wood, and on August 20, 2017, while working at a high place on or around August 20, 2017, C was killed due to his/her death. The deceased’s surviving families did not respect the Plaintiff.

Private retaliation in Islamic society still works as a valid means of dispute resolution, and the surviving families of the deceased expressed that they would die of the plaintiff at the time of ‘companion' after the occurrence of the accident, and the plaintiff was directly or indirectly threatened with murder on five occasions thereafter.

Therefore, since the plaintiff feel a serious threat to life and went to the Republic of Korea, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

3. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the former Refugee Act, Article 1 of the 1951 Convention on the Status of Refugees, and Article 1 of the 1967 Protocol on the Status of Refugees, “persecution” which serves as the requirement for recognition of refugee status is a race, religion, nationality, and a specific social group.

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