난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
(a) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Egypt - Entry into the Republic of Korea and refugee application: January 29, 2014 (Status of Sojourn: B-2) / Application for refugee recognition on February 24, 2014
B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.
(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that no dispute exists on September 24, 2015 (based on recognition), Gap’s evidence Nos. 1, 2, Eul’s statement of evidence Nos. 1, 2 and 3, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. On June 30, 2013, the Plaintiff asserted that the Plaintiff participated in a demonstration opposing the Muslim group, and was arrested at Egypt Police on July 15, 2013, and was detained for one week, and was released from the Muslim group. As such, there is a well-founded fear that there is a concern that the Plaintiff may be harmful from a certain social group’s member status or political opinion.
B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances revealed by adding the whole purport of the arguments to the evidence as stated above 2) and the evidence set forth in subparagraph 4, and the evidence set forth in subparagraph 4 as above, it is difficult to view that the Plaintiff has “a well-founded fear on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and it can be recognized otherwise.