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(영문) 서울행정법원 2020.01.08 2019구단72734
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. On October 21, 2017, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) status on October 21, 2017, and applied for refugee status to the Defendant on November 27, 2017.

B. On September 6, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on October 17, 2018, but was dismissed on July 30, 2019.

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

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff’s wife operated a farming organization company in Egypt, and the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s wife was unable to repay the purchase price of the farming organization to the Plaintiff, and the Plaintiff’s Plaintiff’s Plaintiff’s children were found in the Plaintiff’s house around February 2017 and were sounded to the Plaintiff’s husband. The Plaintiff’s children were knife with the Plaintiff’s arms, and the Plaintiff’s wife was detained on the ground of nonperformance of obligation.

Therefore, since there exists a well-founded fear that the plaintiff's return to Korea with Egypt would be harmful to the creditors of the plaintiff's return, the disposition of this case which did not recognize it on a different premise is unlawful.

B. 1 The term “refugee” refers to a person who is unable to receive or is entitled to receive the protection of a country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion.

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