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 May 24, 2017, the Plaintiff entered the Republic of Egypt (hereinafter “Egypt”) as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) and applied for refugee status to the Defendant on June 7, 2017.
B. On June 26, 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 “sufficiently based 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. On July 25, 2017, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on December 7, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was that the Plaintiff’s father owned the land in Egyptian village, but the Plaintiff’s family, a resident of the above village, tried to use the said land free of charge, resulting in a dispute between the Plaintiff’s family members.
In the process of the dispute, the total attack was punished, and B died due to the plaintiff's total attack.
For this reason, B's family member is trying to kill the plaintiff, so it is likely that the plaintiff will be stuffed if he return to Egypt.
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, “Refugee” can be returned 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 persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea due to such fear.