난민불인정결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The issues of the instant case and the judgment of the court of first instance
A. On January 19, 2015, the Plaintiff of Egypt nationality applied for refugee status to the Defendant on the issue of the instant case. On February 12, 2015, the Defendant rendered a disposition not to grant refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized as the grounds for “not being able to be protected by the country of nationality due to fear of sufficient grounds to recognize that he/she could be injured” under Article 2 subparag. 1 of the Refugee Act.
The key issue of this case is whether the Plaintiff is a refugee under Article 2 (1) of the Refugee Act.
B. The first instance court’s decision 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected due to a well-founded fear to recognize that he/she may be injured on the ground of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who does not want to be protected, or a stateless foreigner who does not have to return to or have not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear. 2) The above evidence and the statement in evidence No. 4 as well as the statement in evidence No. 4 as follows: (i) it is difficult to view that threat due to debt relations falls under a ground for recognition of refugee status under Article 2 subparag. 1 of the Refugee Act; (ii) the Plaintiff was engaged in job-seeking activities while illegally staying for not less than seven years and nine months after entry; and (iii) the Plaintiff stated that he/she would not want money remaining in Korea on the ground of his/her application for refugee status.
2. The judgment of this court and the plaintiff citing the judgment of the court of first instance are likely to be detrimental to the fluorial fluoral body on the ground of religion if he/she returns to Egluort even in the court of first instance.