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, as a foreigner of Egypt nationality, entered the Republic of Korea on August 18, 2015 without the visa (B-1) and applied for refugee status to the Defendant on September 16, 2015.
B. On October 26, 2015, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. As to this, the Plaintiff filed an objection with the Minister of Justice on November 16, 2015, but was dismissed on June 30, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was the simple support of the Muslim punishment group, and the Plaintiff participated in an anti-government demonstration, but the demonstration was completed, and the police was arrested in the Kafek for 33 days, and was detained for suspicion.
On August 11, 2015, when the plaintiff did not appear in his country on the ground that the plaintiff participated in the demonstration, the plaintiff asserts that the plaintiff is sentenced to 25 years imprisonment or life imprisonment.
This was pronounced.
Therefore, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful, since the plaintiff is placed in a situation where the government is stuffed when he returns to his home country.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, must be recognized as a refugee, and is a requirement for recognition of refugee.