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. On April 5, 2014, the Plaintiff entered the Republic of Egypt (hereinafter “Egypt”) to and stayed in the Republic of Korea on tourism and Tong (B-2) sojourn status on April 5, 2014, and filed an application for refugee status with the Defendant on May 2, 2014, before the expiration of the period of stay ( May 5, 2014).
B. On January 14, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is the same-sex child.
In Egypt, same-sexism is recognized as a anti- religious act even though it is not a violation of the current law, and there is a possibility of gambling.
On April 20, 2014, the plaintiff's punishment was known that the plaintiff was same-sexed, and was kidnapped from the free family party on February 20, 2014.
The reason why the plaintiff's punishment was kidnapped was to catch the plaintiff who is the same-sexist party.
Therefore, when the plaintiff returned to Korea, he/she constitutes a refugee who is highly likely to be threatened with life and physical harm due to the status as a member of a specific social group.
Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.
(b) The definitions of terms used in this Act shall be as follows:
1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State 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 by such fear.