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(영문) 서울고등법원 2016.04.27 2015누70012

난민불인정결정취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited this case, is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing this case as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

[Additional Decision] The plaintiff asserts that if he returns to Egypt, who is a nationality state, the plaintiff is recognized as a well-founded fear of persecution by the government on the ground that the plaintiff supports the Muslim type.

However, in full view of the political situation and judicial system of Egypt admitted by the evidence adopted by the first instance court cited earlier, the Plaintiff’s entry route, the period from entry into the Republic of Korea to the application for refugee status, the number of visits to the Republic of Korea, and the circumstances leading to the application for refugee status, etc., there is no sufficient fear to deem that the Plaintiff is likely to be injured on the grounds of race, religion, nationality, membership of a specific social group,

It can not be said that the plaintiff has carried out or is engaged in Egypt or meaningful political activities in Korea to the extent that the submitted data alone can be used as the basis for recognition of refugee status.

According to the contents of the Plaintiff’s statement at the time of refugee interview investigation, it is revealed that the Plaintiff was engaged in the business of purchasing computer monitors, etc. and exporting them to Egypt in Korea since the Plaintiff entered Korea for the first purpose of the business, not a member of Egypt, but a simple support person. Thus, it is difficult to exclude the possibility that the Plaintiff applied for refugee status to extend the period of domestic stay for economic reasons.

According to this, the plaintiff's assertion is not accepted.

2. The plaintiff's claim for conclusion shall be dismissed on the ground that the plaintiff's claim is without merit.

The judgment of the court of first instance is justifiable in conclusion as above.

Therefore, the plaintiff's appeal is dismissed because it is without merit.