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(영문) 광주지방법원 2016.11.24 2016구단653
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 December 3, 2013, the Plaintiff, a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”), entered the Republic of Korea as a stay status of a general visa (30 days during the stay period) and applied for refugee status to the Defendant on September 24, 2014.

B. On November 13, 2015, the Defendant issued a notification of refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it does not constitute a case where there is a well-founded fear, 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.

C. The Plaintiff appealed and filed an objection with the Minister of Justice, but the said application was dismissed on June 30, 2016.

【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. At the time of the Plaintiff’s assertion on June 30, 2013, the Plaintiff participated in a demonstration opposing the Egypt to the Egypt and returned to Korea from Egypt, and thus, there is a risk of murdering the Plaintiff. Thus, the Plaintiff’s fear of persecution exists and this is a well-founded 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 filed an application for recognition of refugee status in order to obtain the applicant’s eligibility to stay and enter the Republic of Korea for an interview and investigation, and this court.

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