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(영문) 광주지방법원 2017.05.18 2016구단1359

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 August 28, 2015, the Plaintiff, a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter referred to as “ Egypt”), entered the Republic of Korea as a sojourn status of tourism Tong (30 days during the stay period) and applied for refugee status to the Defendant on September 25, 2015.

B. On October 13, 2016, the Defendant issued a notification of refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that Egypt owned the Egypt was forced to join an organization from the Egypt, refused to do so, and thus, the Egypt went away from the Egypt. As such, there is sufficient concern to be stuffed when Egypt returned to the Republic of Korea, and it is a reasonable fear. However, the instant disposition that did not recognize it on a different premise is unlawful.

(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 did not have any special political, social, or religious activity within Egypt, and did not specifically state the details, reason, motive, time, place, etc. in relation to the coercion to join the Egypt.

② In addition, the Plaintiff.