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(영문) 광주지방법원 2017.09.14 2017구단445
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 10, 2014, the Plaintiff, a foreigner of the nationality of the U.S. Egypt (hereinafter “Egypt”) applied for refugee recognition to the Defendant on July 25, 2014, when entering the Republic of Korea for a general visa (30 days of stay period) and staying in excess of the period of stay.

B. On March 23, 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.

C. The Plaintiff filed an objection with the Minister of Justice on April 8, 2015, but was dismissed on February 24, 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 slot-type group imposes a threat to murder in the event that the Plaintiff’s motion and hair are forced in accordance with its own regulations and does not comply with them. Therefore, there is sufficient concern about gambling in the event that the Plaintiff returned to the Republic of Korea due to Egypt, and it is a reasonable fear. However, the instant disposition that 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 is fully taking part in the demonstration against the Muslim group one to two times, and the organization above.

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