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. The Plaintiff, a foreigner of Egypt nationality, entered the Republic of Korea on December 22, 2017, with the status of stay in the Tourism Department (B-2).
B. On January 18, 2018, the Plaintiff applied for recognition of refugee status to the Defendant. However, on February 8, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on March 9, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 3, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On September 2017, the Plaintiff asserted that, while driving a vehicle and returning home on or around September 2017, the victim B was shocked with the vehicle and the case of death of the said victim occurred.
Since then, the victim's surviving family member demanded the plaintiff to pay money to the plaintiff and find the plaintiff's house and salute or salute it.
In the event that the Plaintiff returned to Egypt, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of persecution in the above circumstances is unlawful.
B. 1) The term “refugee” refers to 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 particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act).