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(영문) 광주지방법원 2017.10.26 2017구단10725
난민불인정결정취소
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 May 27, 2015, the Plaintiff, a foreigner of the UAE (hereinafter referred to as “Egypt”)’s nationality, entered the Republic of Korea as the sojourn status of the Tourism Department (30 days during the stay period) and applied for refugee status to the Defendant on August 6, 2015.

B. On September 5, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on September 8, 2016, but was dismissed on June 8, 2017.

【Ground of recognition】 The fact that there has been 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's assertion that he participated in the demonstration supporting the B's regime even after the change of the B's regime to C, but had experience of being investigated three to four times a year, which led to a reduction in the house or to escape from fear of being faced with death penalty. Therefore, there is sufficient concern that the return to Korea with the Egypt would result in gambling, and it is a reasonable fear. However, 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. 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’s demonstration supporting B’s regime is conducted.

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