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(영문) 광주지방법원 2016.06.15 2016구단10476
난민불인정처분취소
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 August 9, 2014, the Plaintiff, a foreigner of Egypt nationality, entered the Republic of Korea with a general visa (B-2, 30 days) and applied for the first refugee on September 1, 2014. The Defendant decided to recognize refugee status on August 9, 2015, when the Plaintiff was absent at least three times in the request for attendance for interview, etc.

B. After that, on August 25, 2015, the Plaintiff applied again for refugee status to the Defendant.

C. On September 17, 2015, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees,” which is a requirement for refugee status.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff participated in a demonstration against the policies of the B-electing Muslim group during his former president's holding office, but was threatened by the authorities, such as being active by the mobile phone wiretapping, etc. However, even if the B-Power was replaced, there is sufficient concern that the B-Power will receive gambling when he returns to the Republic of Korea due to Egypt, and that 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) An interview shall be conducted.

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