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 September 19, 2013, the Plaintiff entered the Republic of Korea on September 19, 2013 and applied for refugee status (hereinafter “instant application”) to the Defendant on March 15, 2017, as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”).
B. On August 1, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. As to this, the Plaintiff filed an objection with the Minister of Justice on August 18, 2017, but was dismissed on March 21, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff, who was a member of the B organization, was threatened with murdering from the B organization, including his father, on the ground that he reported his father and father’s Donggy Police.
In addition, despite the strong objection of the president, the plaintiff was identified in Egypt and reported marriage, and entered the Republic of Korea. The plaintiff was threatened with murder even from the deceased who became aware of this fact.
Therefore, inasmuch as there exists a well-founded fear that if the Plaintiff returned to Korea with Egypt, the Plaintiff would be subject to gambling by B organizations including his father and the head, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.
B. 1 The term “refugee” means that a person cannot be protected or protected by the country of nationality due to well-founded fear of recognizing 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.