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(영문) 서울행정법원 2019.04.19 2019구단1770
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 is a foreigner of Egypt nationality.

On July 18, 2017, the Plaintiff entered the Republic of Korea with the Tourism Department (B-2) sojourn status, and applied for refugee status to the Defendant on August 7, 2017.

B. On October 12, 2017, the Defendant rendered a decision on refugee non-recognition (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion would be subject to 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”) on the ground that there is a well-founded fear that it would be subject to persecution as a requirement for refugee recognition.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 20, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on September 3, 2018.

On November 5, 2018, the Plaintiff received a notice of decision of dismissal of an objection.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff lost the money borrowed from Egypt with business funds in China.

The plaintiff is threatened with murder from a person who borrowed money, and thus cannot return to Egypt.

Therefore, even though there is a well-founded fear that the Plaintiff would suffer from gambling in the event that the Plaintiff returned to Egypt, the Defendant’s disposition of this case, which did not recognize the Plaintiff as a refugee on a different premise, should be revoked as it is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall be protected by the country of nationality due to the well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political comments.

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