By Kim Bo-eun
An Egyptian man lost a suit he filed for refugee status, citing he would be persecuted in his home country for being homosexual.
The 26-year-old man, whose identity was withheld, filed a suit against the chief of the Seoul Immigration Office in May 2014.
The Supreme Court said Wednesday it overturned the Seoul High Court's ruling and sent the case back.
"There is not enough evidence to acknowledge that his fear is well-grounded that he will be persecuted by the Egyptian government," the court said.
The law stipulates that refugee status is given only to those who have "fear based on sufficient evidence of possible persecution."
The court based its ruling on the fact that the man's sexual identity was not disclosed when he was in Egypt. He was not involved in campaigns on homosexuality and had not been subject to persecution based on his sexual identity.
The man arrived in Korea in April 2014 on a tourist visa, and filed for refugee status the following month. He said, "In Egypt, homosexuality is perceived as an anti-religious practice so there is the possibility of persecution."
The first trial ruled against the plaintiff, citing lack of evidence, but the second trial overturned the ruling, recognizing that the man could be persecuted based on the fact that homosexuality is punishable in his home country.
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