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 August 21, 2015, the Plaintiff entered the Republic of Korea with the status of stay for general visa entry (B-2) on August 21, 2015, and applied for refugee status to the Defendant on September 15, 2015.
B. On October 20, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from 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 appealed and filed an objection with the Minister of Justice on December 7, 2015, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was that the Plaintiff reported to the police a crime plan of the Muslim group, which is a terrorist group in Egypt, was subject to intimidation from the Muslim group on the ground that he reported it to the police.
Therefore, if the plaintiff returned to Egypt, it shall be deemed that there is a risk of persecution, and the disposition of this case which the plaintiff did not recognize as a refugee should be deemed unlawful.
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 who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, does not return to or does not want to return to the country in which he had resided before entering the Republic of Korea.