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 entered the Republic of Egypt (hereinafter “Egypt”) on September 7, 2016 and applied for refugee status to the Defendant on October 5, 2016, after entering the Republic of Korea.
B. On June 20, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 30, 2017, but was dismissed on December 7, 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion is that the family members of the victim who died from the traffic accident caused by the Plaintiff are threatening to kill the Plaintiff.
Therefore, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling when returning to Egypt, the instant disposition taken on a different premise is unlawful.
B. 1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, “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 of being recognized that he/she may be detrimental to the country of nationality on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a non-national foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear. 2) Even if the Plaintiff’s assertion is acknowledged,