(영문) 서울고등법원 2016.10.06 2016누38619

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난민불인정결정취소

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1. Revocation of the first instance judgment.

2. On January 14, 2015, the Defendant’s disposition of non-recognition of refugee status rendered to the Plaintiff is revoked.

3...

Reasons

1. Details of the disposition;

A. On April 5, 2014, the Plaintiff entered the Republic of Egypt (hereinafter “Egypt”) to and stayed in the Republic of Korea on tourism and Tong (B-2) sojourn status on April 5, 2014, and filed an application for refugee status with the Defendant on May 2, 2014, before the expiration of the period of stay ( May 5, 2014).

B. On January 14, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff did not expressly indicate that he was sexual intercourse with his family and community in his home country. 2) At present, the Egypt did not legally indicate that he was guilty of same sex in Egypt, but the Egypt government prescribed same sex as “sexual conduct or salutic conduct against Islamic” and has been punished by applying a crime of disturbing sexual intercourse to same-sexs.

3) In addition, the Plaintiff’s punishment was known to the effect that the Plaintiff was a same-sex, and was kidnapped from the Free Family Party on April 20, 2014, and was released to the only two months. The reason why the Plaintiff’s punishment was kidnapped was to bring the Plaintiff, the same-sex party was to bring the Plaintiff. Accordingly, the Plaintiff constitutes a refugee who is highly likely to be threatened with life and physical threat due to his status as a member of a specific social group at the time of returning home.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

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