beta
(영문) 서울고등법원 2020.10.16 2020누41599

난민불인정결정취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the following items subsequent to the fourth five pages of the judgment of the first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

According to the UN Refugee Status Recognition Standard and Procedure Manual and Guidelines (Evidence A) issued by the UNHCR, the Plaintiff can be recognized as having a well-founded fear of persecution in a case where it can reasonably anticipate the situation of conflict with the government authority by expressing political opinions between the Chogypt. Even if the Egypt Government did not pay attention to the Plaintiff, the Plaintiff asserts that there is a well-founded fear of persecution in the event that the Plaintiff continues to engage in the activities of the Egypte after returning home with Egypt, but even according to the Plaintiff’s statement, the level of the Plaintiff’s activities was merely a part of a demonstration against the government. Therefore, even if according to the above “Standards and Procedure Manual of Refugee Status”, it cannot be seen that the Plaintiff could reasonably anticipate the situation of conflict with the Egypt government by expressing political opinions by actively expressing political opinions. Therefore, the above assertion is difficult to accept.”

2. As such, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be just, and the plaintiff's appeal shall be dismissed as it is without merit. It is so decided as per Disposition.