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(영문) 광주지방법원 2017.09.14 2017구단10541

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 October 17, 2015, the Plaintiff, a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”), entered the Republic of Korea as the status of stay in the tourism hall (30 days during the period of stay) and applied for refugee status to the Defendant on October 21, 2015.

B. On January 11, 2017, 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 for refugee status as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.”

C. On January 11, 2017, the Plaintiff filed an objection with the Minister of Justice on January 11, 2017, but was dismissed on April 21, 2017.

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

2. Whether the instant disposition is lawful

A. The plaintiff alleged that he participated in a demonstration at a university was arrested to the police, and thereafter released money to the Republic of Korea after temporary release from the doctoral degree test. The plaintiff was sentenced to imprisonment with prison labor for one year in the absence of the court, and the appeal is currently underway. Therefore, the plaintiff's allegation that there is sufficient concern that he will be subject to gambling when he returns to the Republic of Korea due to Egypt and that it is a reasonable fear, but the disposition of this case which did not recognize it on a different premise is unlawful.

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

C. The following circumstances, which are acknowledged by comprehensively taking account of the respective descriptions of the evidence Nos. 1 through 4 and the purport of the entire pleadings, the Plaintiff stated in the refugee application that “the Plaintiff was lebly injured on the ground that she was not trusted,” but the interview investigation changed his/her statement that he/she was imprisoned on the ground that she was “participating in the demonstration,” and the interview investigation was released from the bar examination.