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(영문) 광주지방법원 2016.12.08 2016구단11493

난민불인정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On July 23, 2014, the Plaintiff, a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”), entered the Republic of Korea as a stay status of a general visa (30 days during the stay period) and applied for refugee status to the Defendant on May 11, 2015.

B. On November 2, 2015, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees,” which is a requirement of refugee status.

C. The Plaintiff appealed and filed an objection with the Minister of Justice. However, on March 23, 2016, the application was dismissed, and the notice of dismissal was served on the Plaintiff on April 20, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff participated in a demonstration that is opposed to the government at the time of B's government regime, and thereafter, C's government participated in a demonstration that is opposed to the Muslim group after the collection authority, and therefore, it is unlawful to make the disposition of this case that did not recognize it on a different premise, even though there is sufficient concern that the return to Korea due to Egypt would be imminent and it would be a reasonable fear.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiff is at the interview examination.