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(영문) 광주지방법원 2016.11.10 2016구단745
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 15, 2014, the Plaintiff, a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”), entered the Republic of Korea as a general visa on December 15, 2014, and applied for refugee status to the Defendant on December 11, 2014.

B. On December 16, 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 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 and filed an objection with the Minister of Justice, but the said application was dismissed on May 31, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Eul's 3, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion did not change the religious sect from the hydropathm to the Apathm, the Plaintiff made a mistake and threat as to the Plaintiff’s religious act of Lnipathm sect’s change into the Apathm spathm. Therefore, the instant disposition that did not recognize it on a different premise is unlawful, even though there is sufficient concern that it would be imminent for the Plaintiff to return to the Republic of Korea due to Egypt to the Apathm.

(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 4 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 in the course of a refugee application and an interview investigation. The Plaintiff is in the course of a part-time sect from the part-time.

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