logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.09.13 2018구단855
난민불인정처분취소
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff, a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”), entered the Republic of Korea on February 5, 2014, with the tourism channel (B-2, and the period of stay 30 days) sojourn.

B. On March 5, 2014, the Plaintiff participated in any demonstration against the Unslive Forest Zone and was threatened by the Unslive Forest Zone. On the other hand, on the grounds that the police misleads the Plaintiff as a Unslive Forest Zone and thus is likely to be arrested by the police, the Plaintiff filed the first application for refugee status with the Defendant on September 11, 2014. The Defendant decided to deny refugee status on September 23, 2014, and the Plaintiff filed an objection with the Minister of Justice on September 23, 2014, but was dismissed on July 1, 2015.

Therefore, although the plaintiff filed an administrative litigation with Seoul Administrative Court No. 2015-Gu 19780, the plaintiff was sentenced to dismissal on March 10, 2016, and the plaintiff filed an appeal and filed an appeal, but each dismissed judgment was pronounced.

On May 24, 2017, the Plaintiff filed the instant refugee application for the same reason as the first application. On October 27, 2017, the Defendant issued a notification of refugee non-recognition (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, which is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

On October 27, 2017, the Plaintiff filed an objection with the Minister of Justice on October 27, 2017, but was dismissed on March 21, 2018.

[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion is threatened by participating in the demonstration against the Muslim group, and on the other hand, the police is likely to be arrested by the police because the plaintiff is mistaken for the Muslim group. Therefore, it is sufficiently likely that the plaintiff's return to the Republic of Korea is likely to be imminent and that it is a reasonable fear. However, it is different.

arrow