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(영문) 광주지방법원 2017.08.31 2017구단780
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 November 11, 2015, the Plaintiff, a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”), entered the Republic of Korea as a sojourn status of tourist Tong (30 days during the stay period) and applied for refugee status to the Defendant on November 27, 2015.

B. On January 13, 2017, 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 as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.”

C. On January 23, 2017, the Plaintiff filed an objection with the Minister of Justice on January 23, 2017, but was dismissed on April 21, 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 the Egypt activities as a slick-type member, and that there is the enemy who participated in the support of the B’s regime and the demonstration opposing the current regime, and that there is sufficient concern for fear of gambling in case of returning to Korea with Egypt, which 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 full view of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, the following circumstances can be acknowledged.

In other words, according to the fact that the plaintiff did not have any objective evidence to recognize that he is a non-slateral member, in the interview investigation, he stated that he was merely a simple supporter of B's political rights and that he did not have any special political, social or religious activity that he had received attention, and that he was not directly stuffed by the present government of Egypt, and that he left the Egypt without any sanctions and entered the Republic of Korea, the plaintiff is subject to the gambling of Egypt government.

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