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(영문) 서울행정법원 2018.08.16 2018구단11633
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 September 8, 2016, the Plaintiff filed an application for refugee status with the Defendant on September 29, 2016, while entering the Republic of Korea as a foreigner with Egypt nationality of Egypt (B-2) sojourn status and staying in the Republic of Korea.

B. On July 18, 2017, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.

C. On July 27, 2017, the Plaintiff filed an objection with the Minister of Justice on July 27, 2017, but the decision dismissing the Plaintiff’s application was rendered on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion is that the Plaintiff murdered a person who was unemployed in his own country and was subject to violence from the victim’s family for that reason, and was threatened with murder.

Therefore, if the Plaintiff returned to Egypt, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it is highly likely that the Plaintiff might be stuffed due to the above circumstances.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The reason for the persecution alleged by the Plaintiff is that “the Plaintiff was threatened by his/her bereaved family on the ground that he/she killeds a person,” and even if all of the Plaintiff’s allegations are acknowledged, this is a private threat so long as there is no evidence to deem that the Egypt government implied or neglected the act of persecution by a private person on the said ground.

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