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(영문) 부산지방법원 2016.01.15 2015구합1886

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Plaintiff’s entry and refugee application - Plaintiff’s nationality: Egypt (hereinafter “Egypt”) - Entry and refugee application: April 2, 201, entry into the Republic of Egypt (hereinafter “Egypt”): Application for refugee recognition on October 30, 2014

B. The Defendant’s decision not to grant refugee status (hereinafter “instant disposition”) cannot be recognized with a sufficiently-founded fear that the Defendant would suffer from persecution.

(c) Formal objection and dismissal decision - Dismissal decision on January 5, 2015 - : The fact that no dispute exists over July 1, 2015 (based on recognition), Gap evidence 1, 2, Eul evidence 1 through 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was completed around 201, when the Plaintiff entered the Republic of Korea, the long-term centralized system of the President B, who was an illegal military power, and was a political transition, such as election of free election C (C; hereinafter “C”) to the President.

On 2011, the Plaintiff supported C and private leaders who set up against the right of military misconduct, and participated in the assembly and demonstration that set up against the right of military misconduct.

C Around July 2013, the military misconduct, which was dismissed by C around July, 2013, and thereafter re-established the power of the Republic of Korea, is under the suppression of the forces against C Supporters and the military department. However, if the Plaintiff was summoned from Egypt police for the reason of participating in an assembly and demonstration opposing the power of the Republic of Korea’s entry into the Republic of Korea, and the record remains, then the Plaintiff still remains back to Egypt, it may be under the threat of life on the ground of opposing the power of the military misconduct

Therefore, if the plaintiff returned to Egypt, it is likely to be imprisoned from the military misconduct on the grounds of the above political opinion.

(b) as shown in the attached Form of the relevant statutes.

C. According to Article 2 Subparag. 1 of the Refugee Act, “refugee” means a well-founded fear that there is sufficient grounds to recognize that a person may be disadvantaged on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion.