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(영문) 광주지방법원 2018.07.19 2018구단497
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 February 6, 2015, the Plaintiff, a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”), entered the Republic of Korea as the status of stay in the tourism channel (B-2 and the period of stay 30 days) and applied for refugee status to the Defendant on June 3, 2015.

B. On June 10, 2016, the Defendant rendered a decision on the recognition of 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 under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff appealed to the Minister of Justice on June 16, 2016, but was dismissed on October 11, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in the instant disposition that did not recognize it on a different premise, since the Plaintiff, as a person with B’s political authority, participated in a demonstration opposing the Muslim group at the time of election, and thereby, is subject to intimidation from the Muslim group. Therefore, there is sufficient concern to be boomed in the event of returning to Korea from Egypt.

(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 is against the former C regime and the Muslim group to participate in the demonstration up to six times and from the Muslim group.

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